(영문) 인천지방법원부천지원 2016.06.29 2016가단3180

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(영문) 인천지방법원부천지원 2016.06.29 2016가단3180

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 9, 2012, the Defendant and C couple leased a commercial building (No. 302 of the third floor of the D Building in Bupyeong-gu, Seocheon-gu, Seoul) (hereinafter “the instant commercial building”) to the Plaintiff, with a deposit of KRW 40 million, KRW 150,000 per month (excluding value-added tax), and the period from October 10, 2012 to October 9, 2014.

At that time, the Plaintiff occupied and used the commercial building of this case for the purpose of screen driving range.

B. On November 20, 2014, the Plaintiff entered into a contract on the transfer of facilities and rights in a golf range (hereinafter “instant agreement on the acquisition of rights and facilities”) with E on a premium of KRW 48 million, and the Defendant and C entered into a lease contract with E on December 12, 2014 at the Plaintiff’s request.

The content of the contract was set at 25 million won (the amount calculated by deducting the overdue rent of 15 million won from the rent of 40 million won paid by the Plaintiff), 150,000 won per month of rent (excluding value-added tax), and 150,000 won from December 20, 2014 to December 19, 2015.

C. On the other hand, three of the instant commercial buildings were established between January 24, 2003 and July 31, 2009 (the aggregate amount of claims KRW 840,000,000 and the debtor C). On December 11, 2014, at the request of the Industrial Bank of Korea, which is a mortgagee, the auction procedure (the Incheon District Court Branch Branch Support Fund) began.

The defendant and C terminated the lease contract with E on December 12, 2014 at the request of E on the grounds of the commencement of such auction procedure.

After that, the plaintiff and E also rescinded the contract for the acquisition of the right facilities of this case.

After that, the Plaintiff again started the business of the instant commercial building and occupied and used the instant commercial building until the time when ownership is transferred to a third party due to the auction sale on March 9, 2016.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1 evidence, and pleadings.

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