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(영문) 서울중앙지방법원 2020.06.17 2019가단5198882
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant’s commercial lease 1) around 201, the Defendant around 2011: (a) the Plaintiff’s Chokdong-gu D Building Nos. 5 and 6 of the Subdivision-gu, Sungnam-si (hereinafter “each of the instant commercial buildings”).

(2) The Plaintiff and Plaintiff’s wife made a written agreement on the extension of the lease (hereinafter “each of the above written agreements”) around July 30, 2013, stating that “A lease was made in full by the end of August, 2013,” and written agreement on the extension of the lease term from July 18, 2013 to July 17, 2017, each of which was set up to KRW 4,950,00 won (i.e., KRW 1730,00,000 to KRW 60,000), monthly rent (i.e., KRW 2,770,000 to KRW 17,00), and the lease term was extended from July 18, 2013 to July 14, 2017.

(hereinafter the above term of lease is extended by adding up the leases before and after the above extension, and the above term of lease is extended by the "Extended Contract", and the above term of lease is extended by the "Extended Contract".

Around January 2014, the Defendant’s loss of ownership of each of the instant commercial buildings (1) commenced a voluntary auction procedure regarding each of the instant commercial buildings on or around January 1, 2014. The Plaintiff acquired ownership on November 3, 2014 after receiving a successful bid of approximately KRW 6585,850,000 for each of the instant commercial buildings in the said auction procedure, and on November 3, 2014, the Defendant lost ownership on the same day. 2) C completed the registration of creation of a chonsegwon on each of the instant commercial buildings based on the said lease.

C et al. did not pay a rent to the Defendant after July 1, 2013, but the mortgagee of the right to lease on a deposit basis (right to lease on a deposit basis) established by C and C on a deposit basis on a deposit basis (right to lease on a deposit basis) on December 2014.

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