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(영문) 인천지방법원부천지원 2015.02.06 2014가합5424
손실보상금
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 February 1, 2007, the Plaintiff leased the lease deposit KRW 100,000,000,000,000,000,000 from C, and operated the “E” at the said store around that time, under the condition that the Plaintiff leased the lease deposit KRW 100,000,000,000,000,000,000,000,000 won.

B. After that, the Defendant acquired ownership by acquiring the instant store from C. On April 7, 2010, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff on the condition that the instant store was leased KRW 100 million and KRW 4.5 million per month, and the Plaintiff continues to operate the said “E” at the instant store.

C. According to the design drawing of the instant building, the entrance of the instant store is installed along the inner corridor of the instant building. There is no entrance directly connecting the instant store with the outside of the instant building.

However, the present store and the exterior of the building of this case are installed with a large-scale reinforced glass, and a entrance to directly travel from the instant store to the outside of the building of this case is installed on the glass wall (hereinafter “instant entrance”).

(A) The Defendant had already installed at the time of acquiring the instant store, but the Defendant acquired the instant store without knowing that the said entrance was nonexistent in the design map, and whether the said entrance was installed. On the other hand, the external space of the instant building abutting on the instant entrance is a public open space under the Building Act and should be provided to the occupants of the instant building and the general public as a resting space. However, the Plaintiff installed facilities, such as a consignee, etc. for only the customers who found the instant store on the said public open space, and used it as its own business place.

annex.

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