(영문) 대구지방법원 2020.11.12 2019가합206494

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(영문) 대구지방법원 2020.11.12 2019가합206494

손해배상(기)

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The plaintiff's claim against the defendants is dismissed in entirety.

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

Reasons

1. Facts of recognition;

A. The Defendants are co-owners of the building indicated in the attached list (hereinafter “the instant building”), and the Plaintiff is the owner of the instant building and the Plaintiff who leased the entire first floor of the instant building from E, which is the owner of the instant building and the Defendants’ put to run a pharmacy.

B. On May 20, 2009, E, who was the owner of the instant building, concluded a lease contract with the Plaintiff on the condition that the lease deposit amount is KRW 200 million, monthly rent is KRW 5.5 million (including additional tax), and the lease term is from June 1, 2009 to 60 months (hereinafter “instant lease contract”), and delivered the said building part to the Plaintiff around that time.

C. On May 30, 2014, the Plaintiff and E changed the instant lease agreement into 250 million won for lease deposit, 5830,000 won for monthly rent (including additional tax), and 60 months from June 1, 2014 for the term of lease. Since July 27, 2017, E changed the instant lease agreement to 250,000 won for the instant building on the grounds of the sales contract on July 24, 2017.

On August 1, 2017, the Plaintiff and the Defendants revised the instant lease agreement with the content that the lease deposit amount is KRW 200 million, monthly rent is KRW 7.5 million (including additional tax), and the lease term is until May 31, 2019.

On November 27, 2018, Defendant B sent to the Plaintiff a certificate of content that there was no intention to extend the instant lease agreement on behalf of the Defendants, and reached around that time. On April 9, 2019, the Plaintiff concluded a premium agreement with F to become a new lessee of the instant pharmacy and the Plaintiff concluded a premium agreement with KRW 700 million with respect to the instant pharmacy, and on April 22, 2019, the Defendants arranged F as a new lessee of the instant pharmacy. As such, Defendant B sent to the Defendants a certificate of content that the Plaintiff would cooperate in collecting the premium for the instant pharmacy and reached that time.

E. On behalf of the Defendant B, E is April 2019.

유사 판례

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-대구지방법원포항지원 2020.12.10 2020가단102158

-서울중앙지방법원 2016.07.15 2016가합517286

-인천지방법원부천지원 2015.11.20 2015가합549