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(영문) 의정부지방법원 2020.11.12 2019가단115068
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 1, 2016, D transferred to the Plaintiff all the rights and obligations with respect to the instant reading room in September 1, 2018, while operating a reading room with approximately KRW 62 square meters (hereinafter “E”) among the four floors of the building indicated in the separate sheet (hereinafter “instant building”) owned by the Defendants, as a whole, on September 1, 2018.

B. On September 3, 2018, the Plaintiff entered into a lease agreement with the Defendants to lease the instant store by setting the lease deposit of KRW 35 million, rent of KRW 1.5 million per month (excluding value-added tax), and the lease term from August 30, 2018 to August 30, 2020, and operated the instant reading room from around that time.

C. On December 11, 2018, the Defendants concluded a lease agreement between F and F to lease part of the second floor of the instant building with the lease deposit of KRW 40 million, monthly rent of KRW 1.3 million (excluding value-added tax), and from February 28, 2019 to February 28, 2021, with the lease term of KRW 1.0 million. The Defendants completed the construction of facilities on the leased part at that time, and operate the instant posters car page (hereinafter “the instant posters car page”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 10 through 12 (including branch numbers in case of additional number), Eul evidence 1 to 3, the purport of the whole of video and pleadings

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion was that at the time of operating the reading room of this case, D requested Defendant B to provide that the type of business interfered with the reading room of this case should not be occupied in the building of this case, and the Defendant B could not move into the 2nd floor of the building of this case with D’s strong objection.

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