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(영문) 부산지방법원 2020.08.11 2019가단326147
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The defendant was a person who was working as a broker assistant at the "D Licensed Real Estate Agent Office" located in the Geum-gu Busan Metropolitan City, and was the owner of the land and the third floor building of the iron bars Art Co., Ltd. (hereinafter "the real estate of this case"), and F is a person who operated the car page in the trade name of "G" from the real estate of this case.

B. On September 3, 2013, the Plaintiff, under the Defendant’s brokerage, agreed to acquire a total of KRW 110 million from F, the right to the facilities and operation of the Gcar P, and paid KRW 50 million as a down payment. The Plaintiff agreed to pay KRW 60 million to the remainder of KRW 60 million on September 13, 2013.

C. On September 13, 2013, the Plaintiff paid F in F at the D Licensed Real Estate Agent Office the remainder of KRW 60 million. On September 13, 2013, the Plaintiff and the Plaintiff, the owner of the instant real estate, entered into a lease agreement with the Plaintiff, which provides for a lease deposit of KRW 30 million, monthly rent of KRW 2.3 million (including additional tax), and a lease agreement with the term of two years (hereinafter “existing lease agreement”).

After the Plaintiff leased the instant real estate, the Plaintiff performed a construction work to change the Kaka Pin’s test by bringing KRW 56,300,000, and the trade name of the Ka P P (hereinafter “H”) changed to the Ka P.C.

E. On September 13, 2015, the Plaintiff and the Defendant renewed the existing lease agreement, and the renewed lease agreement (hereinafter “instant lease agreement”) would be extended by two years after the expiration of the term of the contract, provided that there was no change in the term of the lease deposit, monthly rent, and the special agreement (hereinafter “instant special agreement”).

2. The tax invoice shall be issued in the key;

3. It shall comply with the Commercial Building Lease Protection Act amended in 2015;

4. A lessee arranged to become a new lessee and a lessor, regardless of the type of business, has entered into a lease contract.

5.The premium shall be demanded to the owner of the building.

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