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(영문) 대구고등법원 2017.12.28 2017나20631
손해배상(기)
Text

1. The part of the judgment of the court of first instance against Defendant B and C shall be revoked, and the plaintiff who falls under the part of the judgment of the court of first instance shall be revoked.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged pursuant to the purport of Gap evidence of Nos. 1 to 7, 9 through 12 (including the number when it is not indicated specially; hereinafter the same shall apply) and the whole pleadings, and there is no counter-proof.

F owned E, I, J, K, L land, and building Nos. 1, B, 101, 201, and 301 of the said land, and the above G, H land (hereinafter “F-owned real property”), and the above building Nos. 2, 101, 102, and 201 of the said building (hereinafter “the Plaintiff’s real property”), and the building No. 201, 301 of the said building (hereinafter “the instant commercial building”) were owned by the Plaintiff.

B. On November 30, 2012, the Plaintiff entered into a lease agreement with Defendant C on the condition that the instant commercial building is leased to Defendant C by setting the lease deposit of KRW 100,000,000, monthly rent of KRW 3,800,000, and the period from December 1, 2012 to November 30, 2014 (see, e.g., evidence A; hereinafter “instant lease agreement”); and Defendant C operated a singing practice room business upon delivery of the said building from the Plaintiff.

§ 2 (Term of Lease) 1) The term of validity of this lease (two years from the date of the contract)

) From December 1, 2012 to November 30, 2014, a lessee is prohibited from transferring the right of this lease to a third party or sub-lease all or part of the leased building.

At the expense of the lessee, the lessee is entitled to all the rights such as the ownership, possessory right, and disposal of the facilities, such as electricity, lighting, sound, heating, cooling, and interior at the expense of the lessee, and the lessee does not raise any objection.

Article 8(1) Expenses for the repair (including road) of a leased building shall be borne by the lessee. 2) The lessee shall be the repair office related to the preceding paragraph.

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