(영문) 인천지방법원 2018.03.14 2017가단215451

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(영문) 인천지방법원 2018.03.14 2017가단215451

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 11, 2016, the Plaintiff’s husband D entered into a contract for transfer of rights with the content that the Plaintiff’s husband D acquired the right to the third floor G 301 of the building Franran tavern of Gyeyang-gu Incheon (hereinafter “instant store”) from E (former lessee) in KRW 7,000,000 for premiums.

B. The Plaintiff and the Plaintiff’s husband D and the Defendants agreed that the lessee of the instant store will be Defendant C, and the Defendant C concluded a lease agreement that leases the instant store from H Co., Ltd. (hereinafter “I”), the owner of the instant store on March 18, 2016, to March 17, 2018 during the period from March 18, 2016 to March 18, 2018.

C. On March 28, 2016, Defendant C received permission for the business of the instant store from the head of Gyeyang-gu Incheon Gyeyang-gu Office to engage in the business of the danran bar.

(A) the succession to the status of the existing store which is not a new business license. (d)

On May 2, 2016, the aforementioned D claimed against Defendant C and I to the effect that he/she is the actual lessee of the instant store, and filed a lawsuit for confirmation of the existence of the right of lease (In Incheon District Court Decision 2016Gaso432062, 2016Ga 221046). On the same day, Defendant C separately sent separate certificates of the business license certificate and the change of the name of the instant store, and sent them to Defendant C on May 3, 2016.

E. On May 12, 2016, the Plaintiff and the said D drafted a written agreement on the change of the business license for the instant store, the change of the lessee’s name, etc. (Evidence A 17) with Defendant C and I on May 12, 2016. The main contents of the agreement are as follows:

1. Defendant C shall implement the following procedures: (a) the Plaintiff; (b) the procedure for the change of the tenant’s name to the Gyeyang-gu Office on March 28, 2016; and (c) the procedure for the change of the tenant’s name to I; and (b) the Plaintiff’s name to May 13, 2016.

2. The Plaintiff received the above two change of names from Defendant C, and immediately thereafter KRW 1,500,000.

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