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(영문) 서울고등법원 2015.10.08 2015나2004656
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s commercial right contract and sub-lease contract (1) were leased by Defendant B, his father, part of the office and the facilities for the senior director of the office and the office among the buildings owned by Defendant B (hereinafter “the senior director of the office of this case”). Defendant C transferred the instant senior director of the office from D on June 15, 2010 to August 5, 2012.

(2) On June 29, 2012, the Plaintiff entered into a commercial right agreement with Defendant C to take over the business rights, facilities, etc. of the Third Deputy Director of the instant case from Defendant C for a premium of KRW 50 million (hereinafter “instant commercial right agreement”). The Plaintiff paid KRW 10 million on the same day as the premium, and KRW 40 million on August 6, 2012 to Defendant C, respectively.

(3) On July 14, 2012, the Plaintiff entered into a sub-lease contract with Defendant B, which provides for KRW 10 million as the deposit for the sub-lease, KRW 2 million as the monthly rent, and KRW 200,000 as the sub-lease period from August 6, 2012 (hereinafter “sub-lease contract”), and thereafter, paid KRW 10,000 as the sub-lease deposit to D around that time.

B. (1) On February 17, 2012, the Minister of Land, Infrastructure and Transport publicly announced the implementation plan of river works (J section: K1 to K2; hereinafter “instant river works”). On February 31, 2012, the Minister of Land, Infrastructure and Transport publicly announced the implementation location of the river works to the extent that the implementation location of the river works is Fil-gu, G2, and the construction period is from February 31, 2012 to December 31, 2013. In such a case, the land and obstacles to be expropriated or used are owned by the Defendant B, and includes 5 square meters of the land and obstacles to be expropriated or used and 270 square meters of the said G G, which are adjacent to the Vice Minister of Land, Infrastructure and Transport, and 778 square meters of the said G, 1,586 square meters.

(2) On July 8, 2013, on the grounds that, around June 2012, the G prior to G was divided into a 778 square meter and a 180 square meter prior to G, and the said 1,586 square meter and a 1,587 square meter and a 199 square meter, respectively, on the ground that the said 778 square meter and the said 1,586 square meter are divided into H large 1,387 square meters and a 180 square meter.

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