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수원지방법원 2016.08.09 2015나8077
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. 1) The Defendant is limited to D (hereinafter “D”) in the form of the attached cadastral map written in the attached Form.

(E) The land category was changed to the land for a factory on April 8, 2016, on which the land category was changed to the land for a factory on 793 square meters in E, F 324 square meters in 324 square meters in 19

(C) On April 18, 2016, the land category was changed to land for a factory on April 18, 2016

(2) L is the owner of L field 2,910 square meters, and L is divided into J field 3,406 square meters and registered on December 16, 201, with the Defendant’s permission to engage in the development of a site for the second-class neighborhood facilities (place of a lawsuit) of 95 square meters on November 16, 201, and with the Defendant’s permission to engage in the development of a site for the second-class neighborhood facilities of 3,406 square meters. The registration of division was completed on April 18, 2016.

B. On April 17, 2012, the Defendant, with the name of G and lessee as the wife of G, drafted a two-use lease agreement as indicated on April 16, 2015, stating “E site 600 square meters (1980 square meters),” “189.15 square meters in the area of a general steel-frame building on that ground”, “a port of permission” in the leased section, “a total deposit amount of KRW 20 million, KRW 2.5 million in monthly rent, and the lease period of KRW 2.5 million in April 16, 2015.

G used part of the adjoining E and L lots as waste disposal facilities and cargo storage facilities.

C. On May 18, 2012, G drafted a sub-lease agreement (hereinafter referred to as “sub-lease agreement”) between the Plaintiff and the Plaintiff stating the following: “E, F (F was written in the following circumstances), the site of 600 square meters (F was written), and factory buildings of 189.15 square meters, one compressed machine, one vehicle for crushing, one deposit, 15 million won (payment in a lump sum on May 18, 2012), the rent of KRW 1.5 million, the sublease period, and the sublease period from May 21, 2012 to April 15, 2015; “The place of business address shall be F in the case of business registration”; and “The place of business address” written under a sub-lease agreement (hereinafter referred to as the “sub-lease agreement”).

At the time, Plaintiff H attended the Plaintiff’s Attorney H, entering “F” in the column for the location of the leased object of the instant sub-lease contract, and correcting the term of lease commencement from “ May 18, 2012” to “F. 21, 2012,” and read “B” as “the last sub-lease of the contract and the sub-lease.”