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(영문) 대전지방법원 2016.05.31 2015가단455
손해배상(기)
Text

1. The Plaintiff, Defendant C, and the remaining Defendants, respectively, KRW 1,99,179,179, and each of them on May 31, 2016.

Reasons

1. A summary of the basic fact;

1. Subsequent to the expiration of the lease period, repair costs or premiums shall not be demanded by a lessor;

2. If the lessee becomes aware of the business at the store of this case, the business license shall be transferred to the lessor;

3. With respect to KRW 30,000,000, KRW 10,000 shall be paid in 200,000 for each additional four months until February 20, 2014. If a deposit is not paid until February 20, 2014, the store shall have been repaired even if it was repaired.

4. The remaining deposit amount of KRW 20,000,000 shall be deposited in November 15, 2014, and the remainder of KRW 10,000,000 shall be deposited in November 15, 2015. If the deposit is not paid on the date on which the payment is made, it shall be deposited in KRW 10,00,000 per month on condition of interest payment. A. If the deposit is not made on the date on which the payment is made, it shall be deposited in KRW 200,000 per month.

On October 20, 2013, the Plaintiff: (a) leased 40 square meters (hereinafter “instant store”) out of the building with a wooden tank and a multi-story building (hereinafter “instant building”) on the ground of the Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the instant building”); (b) the deposit amount of KRW 30,000,000, monthly rent of KRW 600,000; and (c) the lease period from October 20, 2013 to October 20, 2017 (hereinafter “instant lease contract”).

The Plaintiff and the Deceased entered into the instant lease agreement and entered into a special agreement as follows:

B. The instant store is a place where the former lessee L runs general restaurant business in trade name.

Plaintiff

In addition, the instant store tried to operate a general restaurant with the trade name “N”.

However, the entire size of the instant building is 512.00 square meters, and among them, 263.39 square meters was expanded without permission, and the Plaintiff was not able to obtain permission for general restaurant business on the ground that the instant store was an unauthorized building.

C. On July 24, 2014, the head of Si/Gun directed the Deceased to voluntarily remove the portion of 263.39 square meters which was illegally expanded among the instant building.

Meanwhile, the Deceased on December 27, 2015, while the instant lawsuit was pending, was pending.

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