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(영문) 서울동부지방법원 2018.05.18 2017나4036
손해배상(기)
Text

1. The plaintiff's appeal and the plaintiff's claim partially changed by this court are all dismissed.

2...

Reasons

1. Basic facts

A. On October 26, 2005, the Plaintiff entered into a lease contract and a sales contract 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

From Seongdong-gu Seoul Metropolitan Government, 39.47 square meters of land for a factory in Seongdong-gu 1,318 square meters (hereinafter “E-ho store”).

) From November 4, 2005 to November 3, 2007, the Plaintiff leased KRW 10,000, KRW 400,000 per month of rent, and operated a restaurant with the trade name of “F.” (2) On July 18, 2007, the Plaintiff operated the restaurant with approximately 35 square meters of the first floor among the above building for factory site G from Defendant B from July 25, 2007 to July 24, 2009, the Plaintiff leased KRW 30,000 from July 25, 2007 to July 24, 2009, and leased KRW 2,200,000 per month of rent, and “H” as the trade name.

3) After that, Defendant B changed its trade name to I Co., Ltd. on May 15, 2008.

hereinafter referred to as "I"

(E) The above land for factory and buildings (hereinafter referred to as “instant real estate”) including E and G stores.

(4) Defendant B, on November 20, 2008, sold KRW 10,381,000,000, and agreed to pay an amount equal to KRW 1,036,60,000 if all lessees in the above factory site are unable to withdraw by November 20, 2008, which is the balance payment date. Defendant B completed the registration of transfer of ownership on the instant real estate to I on November 20, 2008, and I completed the registration of transfer of ownership on the said real estate to M Co., Ltd. on the same day due to trust on October 6, 2008.

B. On May 19, 2008, Defendant B notified the Plaintiff on May 19, 2008 that the lease contract will be terminated, and the Plaintiff notified the delivery of the E shop within three months, and the same year.

7. 16. The Plaintiff again asked the Plaintiff to deliver the E-ho store, but the Plaintiff refused to deliver the said store.

2. Accordingly, Defendant B’s right to request the delivery of a building on October 14, 2008, as a preserved right, shall be the E-ho store.

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