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(영문) 대전지방법원 2017.05.17 2016가단210556
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The process of concluding a lease agreement with regard to 112.5 square meters of one story (hereinafter “the instant store”) among the three-story buildings located in Daejeon Seo-gu Daejeon (hereinafter “instant building”) are as follows:

1) From July 30, 201 to July 29, 2013 between D and Plaintiff’s husband E at the time of June 22, 2011, a lease agreement was made between D and the Plaintiff’s husband E with the content that: (a) the deposit amount of KRW 20,000,000, monthly rent of KRW 1,100,000 (additional tax is separate); (b) the lease agreement was made between D and the Plaintiff from August 1, 2013 to July 31, 2015 during the period from August 1, 2013 to July 31, 2015.

3) On April 18, 2014, the Defendant: (a) completed the registration of ownership transfer on the instant building on March 25, 2014; (b) succeeded to the rights and obligations of the lessor as to the instant store; and (c) on September 13, 2015, the said lease was explicitly renewed on or after July 31, 2015; and (d) on September 13, 2015, the term between the Defendant and the Plaintiff was drafted a lease agreement with the lessee at KRW 22,00,000 for the period from October 1, 2015 to July 31, 2016 (hereinafter referred to as the “instant lease agreement”); and (c) in the item column of the special agreement, the lessor entered the lease agreement with the lessor as “no later than the lease (five years after the completion of the A lessee’s lease agreement).”

(hereinafter referred to as the "Special Agreement of this case"). . [Grounds for recognition] No dispute, Gap evidence Nos. 1, 2, and Eul evidence No. 1 and 2

2. Both claims;

A. The Plaintiff concluded a new contract with Nonparty F, a lessee, to preserve the premium upon the expiration of the term of the instant lease contract (on July 31, 2016), and entered into a new lease contract with Nonparty F, a new lessee, for the acquisition and transfer of rights (hereinafter referred to as the “instant premium contract”). The Plaintiff sent a certificate of content to the Defendant, and requested F to enter into a new lease contract with the Defendant within May 19, 2016.

However, the defendant must reconstruct.

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