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(영문) 대전지방법원공주지원 2015.12.16 2015가합20281
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. Facts of recognition;

A. On January 6, 2012, the Plaintiff leased the community hall building in D, E, and F (hereinafter referred to as the “instant building”) from Defendant B Village Association (hereinafter referred to as the “Defendant B Village Association”) for the lease deposit of KRW 30,000,000, monthly rent of KRW 700,000, and the lease period of KRW 60,00, January 6, 2012 from January 6, 2012 to January 6, 2013, and operated the restaurant in the name of “G” at that place.

B. In the special meeting held on March 10, 2014, the Defendant Village Association resolved to complete the instant lease and remove the instant building, and to newly build a new community hall on the job.

C. On August 10, 2014, the Plaintiff transferred the instant building to the Defendant Village Association.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 3-1, the purport of the whole pleadings and arguments

2. Determination

A. The Plaintiff’s assertion 1) delivered the instant building to the Defendant Village Association on August 10, 2014 because Defendant C, the head of the Defendant Village Association, agreed to allow the Plaintiff to use the building of the elderly community center located on the front side of the delivery of the instant building as a restaurant. However, the Defendant Village Association did not comply with the above agreement, but rather removed the building of the elderly community center around February 2015. Therefore, the Defendants are obliged to compensate the Plaintiff for damages incurred by the Plaintiff due to the nonperformance of the above agreement. Accordingly, the Plaintiff was capable of running the instant building until January 5, 2017 in accordance with the Commercial Building Lease Protection Act, and thus, from August 10, 2014 to January 5, 2017, the Plaintiff was able to obtain the Plaintiff’s consent of KRW 219,056,265, and the Plaintiff’s consent of KRW 300,000,00,000,00,000,00 for the lease.

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