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(영문) 서울중앙지방법원 2017.04.20 2016가단62840
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 2010, the Plaintiff leased part of the first floor among the buildings located in Gwanak-gu in Seoul Special Metropolitan City E (hereinafter “instant store”) from D and operated the beauty room.

At the time, the lease deposit was KRW 10 million, monthly rent was KRW 80,000, and the period was from October 29, 2010 to October 29, 2012, and the special terms stated that the premium is not recognized by the principal.

B. The Defendants purchased the entire building located in Gwanak-gu in Seoul Special Metropolitan City from D on December 22, 2012 and completed the registration of ownership transfer on April 1, 2013.

C. On October 23, 2013, the Plaintiff and the Defendants entered into a contract to lease the instant store with the Defendants.

A lease deposit is KRW 10 million, monthly rent is KRW 1 million, and the period from October 30, 2013 to October 29, 2015, and the special agreement provides that “(a lessee) shall serve as a funeral until October 30, 2015 and the store shall be ordered to be given to the owner of the building without any condition. However, the lessor may adjust and extend the lease deposit with the lessee if he/she does not remove the building. A lessee may not demand the lessor to pay a premium and shall not be held a civil or criminal liability.”

As the Plaintiff was in arrears from September 2014, the Defendants notified the Plaintiff of the termination of the lease agreement and filed a lawsuit against the Plaintiff seeking the delivery of the instant store on August 7, 2015.

(Seoul Central District Court 2015Kadan136928). On November 27, 2015, a decision in lieu of conciliation was made on December 18, 2015 as follows, which became final and conclusive on December 18, 2015.

(hereinafter “instant compulsory conciliation decision”). 1. The Plaintiff against the Defendants:

(a) By November 30, 2015, (i) rent of KRW 4,80,000 (four months from November 2015 to February 2016) and (ii) cost of lawsuit, each of which is paid KRW 2,00,000,000 for the purpose of preserving the litigation.

B. The Plaintiff’s above A.

In the event of delay in the payment of the money under this paragraph, the plaintiff shall immediately.

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