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(영문) 대전지방법원 2017.09.06 2016가단34325
권리금 손해배상
Text

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 entered into a lease agreement with the Defendant on a deposit of approximately 15 million won (which appears to have been raised by KRW 16.5 million), a rent of KRW 600,000,000 for a rent, from October 10, 201 to October 9, 2016, and operated a convenience point of KRW 25,000,000 for the said store, among the buildings located in Geumsan-gun, Chungcheongnam-gun (hereinafter “instant contract”), and operated a convenience point of KRW 15,00,000 for the said store.

B. On September 19, 2016, the Defendant sent to the Plaintiff a certificate of content that “the instant store cannot be transferred by October 9, 2016, because it cannot be renewed due to reconstruction due to building aging.”

C. Details of the relevant litigation between the Plaintiff and the Defendant are as follows.

(F) On December 16, 2014, J. 2014-Ga 23970, J. 2015Na5048 (No. 2016, Nov. 6, 2015) (No. 1) 2013Ga 49593, 2014Na8101 (No. 30,000,000 won for the lease deposit on the second floor of the building) : D winning 2014Ga 23970, 2015Na5048 (No. 207,000: No. 367, Nov. 6, 2015) : Plaintiff 2015Ga 29739 (No. 2067, Oct. 6, 2015) 7: Plaintiff 2016, Nov. 6, 207, 207).

(i) [Grounds for Recognition] A without dispute, significant facts in this court, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings;

2. As to the plaintiff's request

(a) Article 10 (Request, etc. for Contract Renewal) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Commercial Building Lease Protection Act") (1) A lessor shall have more than six months prior to the expiration of the lease term.

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