(영문) 창원지방법원 2016.01.13 2015가단77055

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(영문) 창원지방법원 2016.01.13 2015가단77055

손해배상(기)

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1. The Defendants are written on the delivery of real estate stated in paragraph 1 of the attached list from the Plaintiff and written on the attached list.

Reasons

1. Facts of recognition;

A. On May 17, 2007, D (Lessor) and the Plaintiff (Lessee) concluded a lease agreement of KRW 30,000,000 with respect to KRW 102 square meters on the first floor of E-building (hereinafter “102 square meters before subdivision”) at Kimhae-si, and the said lease agreement has been renewed. On August 10, 2011, the said lease agreement was divided into KRW 102 square meters of E-building (hereinafter “the instant building”) and KRW 102-1,25.8 square meters (hereinafter “102-1”) on August 10, 201.

B. Accordingly, D and the Plaintiff have maintained the above lease agreement only to the instant building, and the lease agreement which has been renewed at the last time (hereinafter “instant lease agreement”) is based on the following: (a) lease deposit KRW 30,000,000; (b) rent KRW 950,000 (excluding value-added tax); and (c) period from May 18, 2013 to May 18, 2015.

C. In order to secure the claim for the return of the lease deposit paid to D, the Plaintiff was granted the right to collateral security of KRW 30,000,000 with respect to 102, May 17, 2007, with respect to the instant building and the building of KRW 102-1, with respect to the establishment of the right to collateral security (hereinafter “the right to collateral security”).

After all, on April 18, 2014, the Defendants succeeded to the status of the lessor of the instant lease agreement by completing the registration of ownership transfer on the grounds of sale as to each one/2 of the instant buildings.

E. On February 17, 2015, the Defendants notified the Plaintiff of the refusal to renew the lease agreement on the instant building that “the Plaintiff terminated on May 18, 2015, and that “the instant building will be restored to its original state and transferred to the original state,” and the said notification reached the Plaintiff on February 24, 2015.

F. The Plaintiff currently occupies the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 through 4 (including the number with each number), the purport of the whole pleadings

2. Matters concerning the claim for damages.

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