(영문) 부산지방법원동부지원 2019.07.10 2018가단12560

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Reasons

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(영문) 부산지방법원동부지원 2019.07.10 2018가단12560

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. The plaintiff is C's spouse, and the defendant is D's children.

B. Around July 1, 2003, C entered into a lease agreement with D on the first floor (39 square meters, monthly rent, and two-year lease agreement with D regarding the first floor (39 square meters) of the land building in Busan, Daegu E-Ground (hereinafter “instant Gu building”).

C. C has completed business registration with the trade name of “F” at that time, and had been engaged in food, fine-free wholesale and retail business with the Plaintiff in the above commercial building.

C and D, even after the aforementioned lease contract was explicitly renewed, concluded a lease agreement with a deposit of KRW 10 million on April 4, 2015, KRW 1700,000 per month of rent (payment on April 30), and two years of lease period (hereinafter “instant lease agreement”).

E. C maintained the instant lease agreement by implied renewal even after the expiration of the said term, but around June 10, 2018, C removed all the equipment and facilities within the said commercial building, and delivered the instant lease agreement to D.

F. After that, the old building of this case is demolished, and the Defendant constructed a new building of the second floor size on the land surface of Busan Shipping Daegu E and two parcels (hereinafter “new building of this case”), and completed the registration of initial ownership on November 29, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The Plaintiff’s assertion (the claim for damages due to nonperformance of agreement or tort) concluded, on May 2018, the Defendant, along with his father D, that “If the Plaintiff’s husband and wife were to remove the building of this case and build the new building under the name of the Defendant, he would give priority to the Plaintiff’s husband and wife to conclude the lease agreement on the new building of this case (hereinafter “instant agreement”).

Meanwhile, on July 1, 2003, the Plaintiff couple’s acquisition cost and acquisition cost to the lessee before entering into a lease agreement.

유사 판례

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