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(영문) 대전지방법원천안지원 2017.09.27 2016가단115148
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B and C are the owners of the building E (hereinafter “instant building”).

Defendant D is a licensed real estate agent operating G Licensed Real Estate Agent Office in Seo-gu, Seocheon-gu, Seocheon-gu.

B. On September 2, 2016, the Plaintiff entered into a lease agreement with Defendant B and C on the lease of KRW 66.06 square meters (hereinafter “instant commercial building”) of the instant building with a deposit of KRW 15 million, the period from September 2, 2016 to September 2, 2018, and the monthly rent of KRW 550,000 (hereinafter “instant lease agreement”).

The plaintiff tried to operate a knife collection in the commercial building of this case.

C. Around that time, the Plaintiff paid a deposit of KRW 15 million to Defendant B and C, and paid the interior works of the instant commercial building. D.

On November 1, 2016, the Plaintiff sent to Defendant B a certificate to the effect that it would be able to carry on business in the instant commercial building according to the agreement under the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Summary of the parties' arguments

A. At the time of the instant lease agreement, Defendant B and C’s mother, the Plaintiff agreed to take over the I’s business license certificate, the former lessee of the instant commercial building, thereby enabling the Plaintiff to operate knife collection in the instant commercial building.

However, H, Defendant B, and C did not succeed to the Plaintiff’s license for business, and the said business was discontinued.

In order for the Plaintiff to obtain a new business license certificate for the instant commercial building, it is also impossible to change the use of the instant commercial building to retail stores.

Finally, the Plaintiff demanded H to lease the J part of the instant building in order to take over the business license of J in the instant commercial building and operate the knife collection in the instant commercial building, but H and the said Defendants.

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