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(영문) 서울중앙지방법원 2015.04.10 2014가단121370
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts are the distribution company of R&C located in Q and 40 lots in Songpa-gu Seoul. The plaintiffs are the lessees who concluded a lease contract with the defendant for the stores located in the above commercial building, or the parties are not in dispute or the parties are allowed to be acknowledged by considering the whole purport of the pleading as a whole in the statement in subparagraph 1-1 to 6 of the evidence No. 1.

2. The plaintiffs' assertion that the defendant concluded a lease agreement with the plaintiffs on the above stores and suspended the sale and lease on the ground of research services for revitalization of the RP, and excessively strict MD (limited to business sector between regions), and did not perform the duty to create the neighboring business district, and the plaintiffs' business environment is impeded by large-scale placement of general offices in public stores or public areas. According to the lease agreement between the plaintiffs and the defendant, if price and other economic conditions are significant changes, the terms and conditions of the lease agreement can be changed, but the defendant breached its duty under the lease agreement by failing to perform such duty. Thus, the defendant is obligated to pay five million won each to the plaintiffs as compensation for damages or solatium.

3. Among the plaintiffs' arguments, the sale and lease was suspended on the grounds of research services for revitalization of RR commercial buildings, and the formation of a excessively strict MD (limited to business sector between regions) is made, and the plaintiffs' assertion that they do not perform their duty to create a neighboring business district is difficult to view the above act by the defendant as non-performance of the duty of lessors under the lease contract or the law between the plaintiffs and the defendant.

In addition, the part of the plaintiffs' assertion that the arrangement of public room or public part of the general office is detrimental to the business environment of the plaintiffs due to the neglect of management and the large placement of the general office in the commercial building.

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