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(영문) 수원지방법원 2018.04.06 2017가단507904
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. The Plaintiff, Defendants, E, and F (hereinafter collectively referred to as “co-owners”) shared H of the second floor among the buildings of the fifth floor above the fifth floor above the fifth floor above Suwon-si, Suwon-si, the second floor above the ground (hereinafter “instant commercial building”). The Plaintiff’s share was 2/6 shares, and the remaining co-owners were 1/6 shares, respectively.

B. Co-owners entered into a contract to establish a right to lease on a deposit basis with I Co., Ltd. (hereinafter “I”) on June 2, 1995 for the commercial building of this case as of July 9, 1997 and completed the registration of the right to lease on a deposit basis with I on September 1, 1995.

Since July 9, 1997, co-owners and I entered into a contract for change of chonsegwon as of July 9, 1998, with the duration of 1,000,000,000 won for lease on a deposit basis, and as of July 9, 1998, with the duration of 90,000,000 won for lease on a deposit basis, and the duration of 900,000,000 for lease on a deposit basis as of July 8, 199.

(hereinafter referred to as the “right of lease on deposit basis of this case”).

In the process of concluding the instant lease lease agreement, co-owners entered into a lease agreement with I around October 1998 with respect to the instant commercial building with the term from July 10, 1998 to July 9, 1999 with the lease deposit amounting to KRW 90,00,00,000, and with respect to the term of lease from July 10, 1998 to the other party, if one of the contracting parties does not notify the other party of his opposition to the extension of the term of lease in writing one year automatically, one year has been extended. Article 3(3) of the said lease agreement provides that “The lease deposit amount to be repaid to the lessee upon the expiration of the term of lease deposit amount of KRW 90,00,000 ( KRW 90,000,000), unlike the share of ownership, the lease deposit amount to be repaid to the lessee shall be composed of Plaintiff 266,65,333, Ma 133,367, 3666,060,766.

(hereinafter “instant lease agreement”). D.

On December 3, 2014, I notified co-owners of the instant contract to establish a right to lease on a deposit basis and the termination of the lease contract, and delivered the instant building on or around March 3, 2015.

(e) I.D.

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