logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2015.02.04 2014가합3504
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 15, 2010, the Plaintiffs jointly concluded a lease agreement with the Defendant to lease approximately KRW 35 square meters (hereinafter “instant store”) of the first floor store among the buildings indicated in the indication of the attached real estate (hereinafter “instant building”) with the Defendant, setting the lease deposit amount of KRW 300 million, monthly rent of KRW 12 million, and the lease term of KRW 12 million from January 30, 201 to January 30, 201 (hereinafter “instant lease agreement”).

B. On January 30, 201, the Plaintiffs received delivery of the instant store from the Defendant and operated the instant pharmacy at the instant store.

C. On February 20, 2014, the Defendant sold the instant building to D, and completed the registration of ownership transfer on March 26, 2014.

On the other hand, at the time of the above sale, the defendant and D agreed that D succeeds to the status of a lessor under the instant lease agreement from the defendant and take over the obligation to return the lease deposit against the plaintiffs, and deducted the amount equivalent to the lease deposit from the purchase price.

D demanded that the plaintiffs increase the rent on April 2014, but the plaintiffs rejected it.

Afterwards, the Plaintiffs and D agreed to the following terms (hereinafter “instant agreement”), and following the instant agreement, the Plaintiffs delivered the instant store to D on June 30, 2014, and D paid KRW 300 million for lease deposit and KRW 180 million for premium to the Plaintiffs.

1. Grounds for return: Return by an agreement between the parties concerned as the validity of a lease agreement prepared with the owner of the building prior to the change of the owner by purchase of the store in this case is invalidated;

2. Terms and Conditions for Return of Lease Price: (a) D agrees to return the instant store to D by June 28, 2014, subject to the following conditions; (b) D pays to the Plaintiffs 180 million won as the premium for the establishment of the instant store at the same time as the transfer of the instant store. (c)D agrees to the Defendant.

arrow