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(영문) 수원지방법원안양지원 2017.06.14 2016가단122155
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Plaintiff leased the 104th floor of the 1st floor of the Kapo-si Building C (hereinafter “instant commercial building”) from the Defendant during the period of lease from October 8, 2010 to October 7, 2015, and operated at the same place.

In June, August, 2015, the Defendant, a lessor, notified the Plaintiff of the termination of the said lease on the grounds of delinquency in rent, and the Plaintiff cannot recover the premium from the new lessee. Therefore, the Plaintiff demanded the instant commercial building to be in an unconditional manner.

As such, the defendant has interfered with the plaintiff's opportunity to recover the premium of the commercial building of this case in violation of Article 10-4 of the Commercial Building Lease Protection Act, and thus, the defendant is claiming damages such as the statement in the claim.

2. The evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the Defendant obstructed the Plaintiff’s opportunity to recover the premium of the commercial building of this case as alleged above, and there is no other evidence to acknowledge it.

Thus, the plaintiff's claim is dismissed for lack of reason.

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