(영문) 부산지방법원 2014.06.12 2013가단71100

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.06.12 2013가단71100

위약금

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 was using D Underground Islands D-20, located in Busan Jung-gu, Busan, on leased and leased No. A-20, and the Defendant leased A-21 (hereinafter referred to as “instant shopping mall”) a shop next thereto (hereinafter referred to as “instant shopping mall”) (the lease term from July 21, 2008 to July 20, 201).

B. On March 18, 2009, the Plaintiff acquired all rights, such as the right to lease and the right to use the instant commercial building from the Defendant (E acting on behalf of the Defendant) and concluded a contract for the transfer of the right to lease and the right to use the commercial building.

(hereinafter “instant contract”). The instant contract includes the following:

1. The transferor shall, as soon as the contract has been concluded, transfer to the assignee all such rights as the above possession.

2. The management expenses of the commercial building of this case shall be borne by the transferee from March 2009.

3. The transferor shall take measures to enable the transferee's store business until the name, etc. of the right of lease of a commercial building is transferable, and shall be obligated to immediately transfer the ownership of the right of lease, etc. to the transferee;

4. The transferee shall pay the amount of the contract and the amount of the transfer simultaneously within the agreed date, and the transferor shall assume all civil and criminal responsibilities, including the penalty of five times if he/she violates the contract, and other damages.

5. No objection shall be raised to any order after payment for the amount of a mutual contract.

C. The Busan Facility Corporation did not change the name of the right of lease, but the plaintiff and the defendant decided to use the commercial building of this case as they had the right of lease and business registration under the name of the defendant with respect to the commercial building of this case.

The plaintiff paid the above money to the defendant, and used the commercial building of this case on delivery.

When the lease period for the commercial building of this case has expired, the defendant on June 15, 201.

유사 판례

-서울서부지방법원 2020.11.27 2020가단234043

-수원지방법원 2016.02.04 2015나14089

-광주지방법원 2018.09.07 2018나868

-서울서부지방법원 2019.07.25 2019나344

-대전지방법원천안지원 2016.02.04 2014가단111128