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(영문) 서울중앙지방법원 2018.02.01 2017가합526867
손해배상(기)
Text

1. The defendant,

A. As to KRW 11,293,770 for each of the Plaintiff A, B, and C and KRW 1,393,70 for each of them, from May 3, 2017.

Reasons

1. Basic facts

A. From June 28, 2004 to January 18, 2017, the Plaintiffs were the co-owner of each of the instant real estate indicated in the separate sheet (hereinafter “instant building”), and Plaintiff B, A, and C held 3/10 of each of the said real estate, and Plaintiff D owned 1/10 of each of the said real estate.

B. 1) On May 27, 2005, the Plaintiffs are the Defendant on May 27, 2005 (the trade name before and after the change was made by “F of a limited liability company”; hereinafter, regardless of whether it was before or after the change in trade name

B) From January 1, 2006 to December 31, 2015, the term of lease of the first and second floors of the instant building entered into a lease agreement with the Defendant, setting the lease term as KRW 400 million, KRW 20 million, monthly rent of KRW 20 million, and the Defendant operated the “G store” in the above leased part. (2) On August 31, 2015, the Plaintiffs and the Defendant entered into a contract for the alteration of the term of lease of the first and second floors of the instant building. (3) On August 31, 2015, the Plaintiffs and the Defendant concluded a contract for the alteration of the terms of extending the term of lease of the second and second floors for six months.

(hereinafter referred to as the “previous Lease Contract”) between the Plaintiffs and the Defendant, including the above modified Contract.

On February 19, 2016, the Plaintiffs entered into a lease agreement with multilateral-child industry (hereinafter referred to as “multi-child industry”) on the whole of the first, second, and third floors of the instant building from July 1, 2016 to June 30, 2021. The Plaintiffs notified the Defendant of this agreement and requested the delivery of the first and second floors of the instant building in accordance with the termination date of the previous lease agreement.

On March 2016, the Plaintiffs postponed the delivery time of the first and second floors of the instant building on August 8, 2016 at the Defendant’s request, and began negotiations between the Defendant and the Defendant regarding the method of concluding a lease agreement with respect to the fourth and fifth floors instead of the first and second floors of the instant building (hereinafter “instant contract negotiation”).

E. On September 1, 2016, the Defendant is not in progress with the Plaintiffs.

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