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(영문) 수원지방법원안양지원 2015.11.19 2015가단2179
손해배상
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 30, 2004, the Plaintiff leased a deposit of KRW 30 million, KRW 1.3 million per month, and the term of lease from September 1, 2004 to September 30, 2006, and leased a lease of KRW 30 on the first floor of the previous C commercial building (hereinafter “instant real estate”) from the Defendant during an Ansan-si period from September 1, 2004.

B. While the Plaintiff renewed the above lease agreement and used the instant real estate, the Plaintiff requested the Defendant to use only a part of the instant real estate, and around April 2012, the partition construction on the instant real estate was conducted with the Defendant’s consent.

C. On April 10, 2012, the Plaintiff entered into a contract for the transfer of real estate rights with D to obtain KRW 10,500,000 as premium ( KRW 10,500,000,000,000,000 for lease to be transferred, and KRW 500,000,000 for rent) with D on April 13, 2012, and the Defendant entered into a lease agreement with D on KRW 10,000,000 for deposit and KRW 50,000 for rent.

From April 30, 2012 to February 28, 2014, the Plaintiff paid KRW 80,000 per month to the Defendant the rent for 102 and 103 separated from the instant real estate.

E. On March 1, 2014, the Plaintiff and the Defendant drafted a lease contract with a deposit of KRW 10 million, monthly rent of KRW 600,000,000, and the Plaintiff delivered 102 to the Defendant around that time.

F. On June 30, 2014, the Defendant leased No. 102 to E by designating a deposit of KRW 5 million, KRW 5 million per month, and KRW 500,000 per month. On July 1, 2014, the Plaintiff notified the Defendant that, if he/she was unable to receive the premium from E, he/she would remove the interior of the interior of July 22, 2014.

G. The lease agreement between the Plaintiff and the Defendant regarding 103 was terminated on January 30, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1-3 evidence, Eul's 4-6 evidence, the purport of whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is as follows: around April 2012, the Plaintiff heading 101, 102, and 103 of the instant real estate.

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