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(영문) 대구지방법원서부지원 2017.09.28 2017가단1954
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 15, 2006, the Plaintiff leased the first floor store (hereinafter “instant store”) of the Daegu-gu Ground Building D (hereinafter “instant building”) from C during the period from April 15, 2006 to April 15, 201, with the lease deposit of KRW 30 million, monthly rent of KRW 2.5 million, and the lease term of KRW 2.5 million from April 15, 2006 to April 15, 2013.

B. C filed a lawsuit against the Plaintiff, whose lease term expires, seeking the delivery of the instant store, etc. as the Seogu District Court Branch Branch 2013Kadan12246, and on June 10, 2013, the above court concluded that C, on the following grounds: (a) on June 10, 2013, the agreement was concluded between the Plaintiff and the Plaintiff, including the lease deposit amounting to KRW 40 million; (b) monthly renting KRW 300,000; and (c) lease period from April 10, 2013 to April 15, 2015.

C. E purchased the instant building from C on May 19, 2014 and completed the registration of ownership transfer on June 3, 2014.

From June 15, 2014, the Plaintiff did not pay the rent to E, and on August 18, 2014, E sent a content-certified mail to the effect that the lease contract is terminated without paying the rent to the Plaintiff by August 22, 2014. The content-certified mail sent to the Plaintiff around that time.

E. On August 27, 2014, E filed a lawsuit seeking the delivery, etc. of the instant store against the Plaintiff as the Seo-gu District Court Branch of the Daegu District Court 2014Gadan26754, and on April 9, 2015, the Plaintiff filed a counterclaim seeking damages equivalent to KRW 100 million for the premium amounting to KRW 2015Ga7255, supra.

(f) On October 15, 2015, the Plaintiff delivered the instant store to E.

G. The appellate court of the instant lawsuit accepted the claim of KRW 12,80,000 among E’s principal claim, and the remainder of the principal claim and the counterclaim were dismissed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's argument is that the defendant is the husband of E.

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