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(영문) 서울중앙지방법원 2019.10.25 2019가단5102294
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. We also examine the principal lawsuit and counterclaim.

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is the owner of Gangnam-gu Seoul and one parcel D (hereinafter “instant building”) E on the ground outside Gangnam-gu Seoul and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the owner of the instant building F, and is operating G Council members in F.

B. From August 1, 2012 to March 31, 2015, the Plaintiff entered into a lease agreement with H and the instant building E with a fixed term of KRW 50 million, KRW 6,063,750 per month. On March 31, 2015, the Plaintiff entered into a renewal agreement with a fixed term of KRW 6,363,636 per month from April 1, 2015 to March 31, 2020, and H imposed I volume under the above subparagraph.

C. The Defendant filed a lawsuit claiming restitution costs against H on the ground that H had replaced the existing entrance door of the instant building E with the automatic door of glass material, and arbitrarily removed the corridor wall of the section for common use and replaced it with favorable and other substitute stone.

On December 21, 2018, the above court dismissed the part of the claim for cooperation with the Corporation for restitution on the ground that the purport of the claim is not specified, and rendered a judgment dismissing the part of the claim for cost of restitution on the ground that H completed the Corporation for restitution, and the above judgment became final and conclusive as it is.

The Plaintiff terminated a lease agreement at the request of H around May 2018, and the same year.

6. 5. On May 23, 2018, J and the instant building E entered into a lease agreement with H by setting the lease term as KRW 50 million from June 1, 2018 to May 31, 2020, KRW 50 million from June 1, 2018, and KRW 6.4 million from rent. The J is operating K Council members under subparagraph e of the instant building.

E. The Defendant voluntarily removed the corridor wall, which is the section for common use of the instant building, and extended the entrance door of the instant building E, against H. This Court.

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