(영문) 청주지방법원 충주지원 2017.01.26 2016가합3669

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(영문) 청주지방법원 충주지원 2017.01.26 2016가합3669

손해배상(기)

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

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

Reasons

1. Facts constituting the premise of the dispute

A. On November 4, 2004, E entered into a lease agreement with H fishing place located in Chungcheong G (hereinafter “instant fishing place”) to set the rent of KRW 16 million per annum, and thereafter, F obtained permission from the head of voice-gun for the instant fishing place from May 4, 2006 to December 31, 2010.

E on September 5, 2006, from F, acquired the instant fishing place operation rights, etc. in the amount of KRW 50 million, and paid KRW 50 million to F.

B. On June 10, 2010, E leased the instant fishing place to I, a spouse of the Plaintiff, for the period from June 10, 2010 to May 31, 201, with the lease deposit of KRW 30 million, annual rent of KRW 30 million, and the period from June 1, 2010 to May 31, 201.

C. After the period of permission for the above fishing place business expires (from May 4, 2006 to December 31, 2010), F, the fishing village fraternity of J fishing village, on behalf of J fishing village, applies for a fishing place business concerning the instant fishing place to the voice group on behalf of J fishing village, and obtained permission for the fishing place business from the voice group for a fixed period of permission from May 11, 201 to May 10, 201 (hereinafter “instant fishing place business permission”).

After that, on March 20, 2012, the representative of the J fishing village was changed from F to the plaintiff. D.

E filed a lawsuit against F and I on October 14, 2015, seeking compensation for damages due to the breach of fishing place transfer contract and payment of rent pursuant to the above lease contract (Cheongju District Court 2015Kahap3648).

During the proceedings, the period of permission for the instant fishing place business (from May 11, 201 to May 10, 2016) expired, and J fishing village did not obtain permission for extension of the said fishing place business.

[Reasons for Recognition] Each of the facts without dispute, Gap 1, 2, 4, 14 (including the number of branches), and the purport of the whole pleadings

2. In obtaining permission for the instant fishing place business, the J fishing fraternity is merely a type, and the Plaintiff is an individual.

유사 판례

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