(영문) 서울고등법원 2016.12.08 2016나2046329

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(영문) 서울고등법원 2016.12.08 2016나2046329

약정금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Defendant is a company established for the purpose of real estate sale and brokerage, real estate rental business, etc., and the building indicated in the separate sheet (hereinafter “instant building”).

A) The Plaintiff is the owner of the instant building. (2) As to the part of the first floor above the instant building from March 1981 to the Defendant from around March 1981, the Plaintiff entered into a lease agreement on the entire first floor above the instant building from around 1990, and possessed and used part of the first floor above the instant building and the underground floor above the instant building.

B. The instant agreement and the instant lease agreement 1) The Plaintiff entered into a lease agreement with the “J” on the first floor of the instant building, while operating the clothing store on the first floor of the instant building. On the first floor of the instant building, the Plaintiff entered into a lease agreement with the Defendant on the second floor 204-5 (hereinafter “the instant second floor store”) and the third floor 303-5 (hereinafter “the instant third floor store”) and operated the instant 2 and the third floor 303-5 (hereinafter “the instant 3th floor store”). At early 198, the Plaintiff operated the clothing store on the first floor of the instant building, which was operated on the first floor of the instant building.

However, according to the above change of the business type of the Plaintiff, a huge obstacle to “L” business was caused, which led to a serious conflict between F and the Plaintiff.

3) Accordingly, the Defendant, the owner of the instant building, tried to resolve these conflicts, and the Plaintiff agreed to additionally lease each of the instant stores leased by F around December 199 from the Defendant, and on December 31, 199, the agreement with the Defendant on December 31, 199 with the following (hereinafter referred to as the “instant agreement”), and the “second part” refers to the instant provision.

AB concluded the agreement.

The defendant and the plaintiff agree as follows.

First, .

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