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(영문) 서울고등법원 2017.02.10 2015나2022388
손해배상 등 청구의 소
Text

1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

2. The plaintiff

Reasons

Basic Facts

The Plaintiff is the owner of a building located in Gangnam-gu Seoul Metropolitan Government H (10 stories on the ground, 2 stories underground, 1,98 square meters on the total floor area, 1,98.59 square meters, hereinafter “instant building”).

On March 8, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) and delivered the instant building to Defendant B, stating that all of the instant building is KRW 400 million, KRW 45 million per month, and KRW 45 million per month, and the term of lease from March 8, 2010 to March 7, 2015 (hereinafter “instant lease agreement”).

On March 8, 2010, Defendant B, a lessee of Defendant C and Defendant D, drafted a lease contract with a deposit of KRW 100 million, monthly rent of KRW 10 million, and the lease term of KRW 60,00,000 for the first floor of the instant building (I studs), Defendant C as the lessee of the instant building with the lessor and Defendant F as the lessee (I studs), and drafted a lease contract with a deposit of KRW 140,00,000,000, monthly rent of KRW 15,000,000, and the lease term of KRW 60,000,000.

(K) Studal harassment. Defendant B registered his business in the name of Defendant CDF and operated each of the above amusement establishments.

(2) The Plaintiff and Defendant B, on May 10, 2010, filed a lawsuit including the attached Form 2 (hereinafter “instant lawsuit telephone”) with Defendant C, D, E, and F, and in return, paid to them KRW 1 million per month or KRW 2 million per month. The Plaintiff and Defendant B, on May 10, 2010, made a lawsuit telephone (hereinafter “instant lawsuit telephone”).

(Seoul Central District Court 2010No. 501). On June 7, 2010, Defendant B drafted a lease agreement with the lessor on June 7, 2010, the deposit amount of KRW 140,000,000, monthly rent of KRW 15,000,000, and the lease period of KRW 12 months for the six to nine floors of the instant building with the lessor as Defendant C and the lessee as Defendant G.

Defendant G operated accommodation from the 6th to 9th floor of the above 6th floor.

(Lel) On March 1, 2011, Defendant C as a lessor and Defendant E as a lessee of the instant building on March 1, 201, and Defendant B drafted a lease contract of KRW 30 million, monthly rent of KRW 5 million, and a lease contract of KRW 60,000,000 (J general restaurants), and Defendant E.

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