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(영문) 서울남부지방법원 2021.01.19 2020가단254369
기타(금전)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 10, 2019, Defendant C leased the first floor G of Yeongdeungpo-gu Seoul Metropolitan Government F Ground Building KRW 15 million, monthly rent KRW 130,000,000,000 from September 1, 2019 to September 9, 2021; Defendant D’s first floor H H of the same building (hereinafter “instant building” in combination with the foregoing subparagraph) from Defendant D, with the lease deposit of KRW 15,00,000,000,000,000,000 per month, from September 1, 2019 to September 9, 2019.

From September 25, 2019, Defendant B engaged in restaurant business in the instant building.

B. 1) On February 21, 2020, the Plaintiff acquired all of the facilities and house units of the restaurant from Defendant B (hereinafter “the instant premium contract”). On February 24, 2020, the Plaintiff concluded a lease contract with Defendant C by setting the lease deposit of KRW 15 million, monthly rent of KRW 1300,000,000 from March 10 to March 19, 2022. The Plaintiff paid the lease deposit of KRW 15 million, monthly rent of KRW 1100,000,000 from March 10, 202, and KRW 360,000,000 from March 19, 202 to KRW 350,000,000 from March 10, 202 to March 19, 200.

Defendant C returned the lease deposit of KRW 15 million to Defendant C, and Defendant D returned the lease deposit of KRW 15 million to Defendant B.

[Reasons for Recognition] In the absence of dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion was built for the purpose of the office, and Defendant B remodeled the building for the purpose of the restaurant with the consent of Defendant C and D.

This remodeling leads to the rise of water to the floor of the instant building and the lower floor, and the malodor of high water and the corrosion of the building themselves.

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