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(영문) 부산지방법원동부지원 2019.04.25 2017가단215478
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 18, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with F and Defendant B, which were co-owners of the second floor of the building of Kimhae-si and E-ground (hereinafter “instant building”) and the first floor of 69.4 square meters of the instant building, with respect to the lease deposit of KRW 30,000,000, monthly rent of KRW 1,500,000 (value-added tax, and payment on August 18, 201 through August 17, 2015) and received delivery of the instant store (hereinafter “instant lease agreement”).

B. On July 8, 2015, the Plaintiff, F, and Defendant B agreed to extend the lease term of the instant lease to more than two years, and thereafter, Defendant C, a company, from F, on January 18, 2017, succeeded to the lessor’s status of the instant store at the same time with respect to the registration of co-ownership of 1/2 of the instant building on the ground of sale as of January 17, 2017.

C. On March 30, 2017, the Defendants sent to the Plaintiff a certificate of the purport that the instant store will be delivered immediately after the termination of the instant lease agreement, as the Defendants planned to remove the instant building.

On July 11, 2017, the Defendants filed a lawsuit against the Plaintiff claiming for rent, etc. (this Court Decision 2017Da210879) against the Plaintiff, who occupied the instant store and operated the instant store, and subsequently filed a lawsuit on July 12, 2018, and “the Plaintiff shall deliver the instant store to the Defendants, and pay to the Defendants the amount calculated at the rate of KRW 1,650,000 per month from April 19, 2018 to the delivery date of the instant store,” which became final and conclusive at that time.

(A) The Plaintiff filed the instant lawsuit against the Defendants as a counterclaim on September 22, 2017, when the said lawsuit was pending in the lawsuit No. 2017Kadan210879. [Grounds for recognition] / The Plaintiff did not dispute, the entry of Gap 9, 10, Eul 1, and 7 evidence, and the purport of the entire pleadings.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion was introduced by the plaintiff without justifiable grounds.

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