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(영문) 대구지방법원 2016.08.09 2015가단120977
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D The title and management authority of the leased building 1) D is the building of this case, which is a 84.17 square meters in a restaurant among the single-story roof of Jung-gu, Daegu-gu E-based E-ground mentor, the brick, and the single-story roof (hereinafter “instant building”).

2) D delegated the management of the instant building to Defendant C, a son, who is an owner of the building. D granted the right to represent the conclusion of the lease agreement and the receipt of rent, while entrusting the management of the instant building to Defendant C.

B. On December 25, 2006, the Plaintiff entered into a lease agreement and renewed the lease agreement. On December 25, 2006, the Plaintiff and the Defendants are approximately KRW 23.14 square meters of the first shop among the instant buildings (hereinafter “instant leased buildings”).

(2) On January 25, 2013, the Plaintiff concluded a lease agreement with the Defendants, and the Plaintiff renewed the lease agreement with respect to the instant leased building at the expiration of each lease term, and renewed the lease agreement as follows.

- Lease deposit: 60 million won - Rent: 2550,000 won per month - Term of lease: February 25, 2013 to February 24, 2014

On May 28, 2013, the Plaintiff entered into a contract with H to transfer the right to lease, goodwill, etc. of the instant leased building to KRW 160,000,00 (hereinafter “instant transfer contract”) (hereinafter “instant transfer contract”) and received all the said transfer proceeds from H during the period from May 28, 2013 to May 31, 2013.

Defendant C entered into a lease agreement between Defendant C and H on May 29, 2013 with respect to the instant leased building on the same terms as the renewal agreement between the Plaintiff and the Defendants on January 25, 2013.

E. On June 27, 2013, J and H agreed to operate a business in the leased building of this case, and registered a business in the name of J and the instant leased building under the name of J and conducted a clothing retail business. 2) I and J move to the Defendants.

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