(영문) 부산지방법원 2017.07.19 2016가합49590

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(영문) 부산지방법원 2017.07.19 2016가합49590

손해배상(기)

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 19, 201, the Plaintiffs concluded a lease agreement between D and D, the owner of the building listed in the separate sheet (hereinafter “instant building”), to lease the said building by setting the lease deposit amounting to KRW 100,000,000,000,000,000,000 from June 28, 201, and from June 28, 2016, while operating the restaurant in the name of “E”.

B. On December 19, 2013, the Defendant completed the registration of ownership transfer on the instant building. Around that time, the Defendant and the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the effect that the said building will be leased by setting the lease deposit amount of KRW 100 million, KRW 9 million per month, and the lease term from June 28, 201 to June 28, 2016 (the remainder of the lease term with the previous owner) (hereinafter “the lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant, upon entering into the instant lease agreement with the Plaintiffs, knew that it would remove the instant building and build a new building, thereby refusing to renew the instant lease agreement or conclude a lease agreement with the new lessee, and demanded the Plaintiffs to deliver the instant building to the Plaintiffs prior to the expiration of the instant lease agreement. (2) Although the Plaintiffs agreed on April 1, 2016 to assign the lessee status of the instant building by setting the premium amount of KRW 500 million between F and F, the Defendant was deprived of the opportunity to recover the premium on the instant building from the wind to deliver the instant building to the Defendant on June 27, 2016.

3) Therefore, the Defendant shall protect the Plaintiffs from the Commercial Building Lease Protection Act (hereinafter “the Commercial Building Lease Protection Act”).

참조조문

-상가건물 임대차보호법

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