logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.07.24 2018가단5181078
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 13, 2013, the Plaintiff: (a) leased the first floor of the Dongjak-gu Seoul Metropolitan Government D Building (hereinafter “instant commercial building”) from Defendant B with the lease deposit of KRW 20 million; (b) monthly rent of KRW 120 million; and (c) from August 5, 2013 to August 4, 2015 (hereinafter “instant lease agreement”); and (d) under the said lease agreement, the Plaintiff paid the Defendant B the lease deposit of KRW 20 million and received the instant commercial building from the Defendant B.

After the instant lease agreement was explicitly renewed, it terminated on August 4, 2018, and the Plaintiff transferred the instant commercial building to Defendant B around August 6, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 12 (including provisional number), the purport of the whole pleadings

2. Assertion and determination

A. Plaintiff 1) The Plaintiff entered into a contract for transfer and takeover of the right (facilities) on May 30, 2018 between E and E, which intends to be a new lessee of the instant commercial building. The Defendants, by demanding the new lessee to pay the deposit amount of KRW 30 million and the deposit amount of KRW 2 million in monthly rent to the new lessee, thereby hindering the Plaintiff from collecting the deposit amount from the person who wishes to be the new lessee. From the beginning of the instant commercial building, Defendant B’s grandchildren (Defendant C’s children) had the intention to not conclude the lease contract, and even if the Plaintiff arranged to be a new lessee, the Plaintiff refused to enter into the lease contract with the new lessee without any justifiable reason, thereby refusing to pay the lease contract amount of KRW 30 million to the Plaintiff under Article 80-4 of the Commercial Building Protection Act (hereinafter “the Commercial Building Lease Protection Act”).

arrow