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(영문) 서울남부지방법원 2020.01.17 2019가합104205
청구권부존재확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Party E (E) is a seller of Guro-gu Seoul Metropolitan Government Building C (hereinafter “instant Condominium”)

The defendant is the owner of a sub-section F of the instant aggregate building ("Defendant shop"), and the plaintiff is the lessee of the sub-section D of the instant aggregate building ("Plaintiff shop").

B. (1) On December 27, 2010, E entered into a contract for the sale in lots with the designated type of business, and set the designated type of business of the non-party shop as “culp shop” at the time of entering into a contract for the sale in lots with G on the sub-section H (hereinafter “non-party shop”) among the instant aggregate buildings. (2) On January 17, 2011, E entered into a contract for the sale in lots with I and the Defendant shop, and set the designated type of business of the Defendant shop as “culp store.”

After that, E approved the transfer of the right to sell in lots to the J of the Defendant shop, and changed the designated type of business of the Defendant shop to a coffee shop with the consent of G around February 22, 2012.

E completes the registration of ownership transfer with respect to Defendant stores on February 22, 2012; J on May 4, 2015 (hereinafter “K”); and K on February 6, 2017, respectively.

3) On November 21, 2009, E concluded a sales contract on L and Plaintiff stores, and set the designated type of business as “real estate” for two years at Plaintiff stores. E cancels cancelled an agreement with a period of time on the designated type of business on December 30, 2010 and completed the registration of transfer of ownership on Plaintiff stores to L on January 13, 2012. (c) K leased Defendant stores to M on May 11, 2015, and M operates a coffee shop with the trade name “N” at Defendant stores.

L 2 On February 2, 2015, the Plaintiff’s store was leased KRW 30,00,000 for lease deposit, KRW 1,000,00 for monthly rent, and the lease period from March 9, 2015 to March 8, 2017 for the Plaintiff’s store. The Plaintiff runs the business of selling beverages using coffee or coffee with the trade name “O” at the Plaintiff’s store.

A decision of provisional disposition is made.

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