(영문) 인천지방법원 2015.05.07 2014나52452

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(영문) 인천지방법원 2015.05.07 2014나52452

손해배상(기)

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1. All the claims and expanded claims filed by the Plaintiff (Appointed Party) that have been changed in exchange in the trial are dismissed.

2...

Reasons

1. Basic facts

A. On October 2010, the Plaintiffs entered into a contract with H to lease five parcels and buildings outside G and five lots of land (hereinafter “instant real estate”) from the Si-si in Gyeonggi-do (hereinafter “instant lease contract”) with the following terms (hereinafter “instant lease contract”).

The deposit shall be paid at the 30 million won of the down payment of KRW 5,000,000,000,000 on the 30th of each month.

Article 2 (Duration) A lessor shall deliver the said real estate to the lessee by November 30, 2010 in a condition that he/she may use and benefit from the said real estate for the purpose of the lease, and the lease period shall be from the date of delivery to November 30, 2015.

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use or structure of the above real estate, transfer the sub-lease, provide security, or use it for purposes other than those of the lease without consent of the lessor.

B. On June 12, 2012, the Plaintiffs: (a) leased (hereinafter “instant sub-lease contract”) the land and buildings used as a restaurant prior to the instant real estate to the Defendants; and (b) KRW 98.84 square meters of land and buildings (hereinafter “the instant portion”) as follows; (c) H, the owner of the instant real estate, consented to the said sub-lease, and signed and sealed the instant sub-lease contract.

Afterwards, the Defendants are subject to the provisions of Paragraph (2) of Article 1 (Deposit and Time) of the Special Agreement on Rent of KRW 4 million.

Article 2 (Duration) A lessor shall deliver the said real estate to the lessee by June 12, 2012 in a condition that he/she can enjoy profit from using the said real estate for the purpose of lease, and the lease period shall be from the date of delivery to December 12, 2012.

Matters of special agreement

1. The sub-lessee shall bear the Si facilities and all kinds of taxes and public imposts;

2. The lessee shall bear the rent during the lease period; and

3.The interest of KRW 550,00 (F) per month will be paid by the sub-lessee.

4. (Post-Delivery)In consultation with the sub-lessee six months after the date of sub-lease.

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