logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2021.02.03 2019가단235347
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Since May 6, 1999, the building for the living facilities in Eunpyeong-gu Seoul Metropolitan Government D neighborhood was owned by E and sold to the Defendants on May 27, 2004, and the Defendants shared the above building with 1/2 shares.

From around 1980, the Plaintiff is operating a pharmacy with the trade name of “G” in the F building adjacent to the above building.

B. Around 30 square meters (hereinafter “instant store”) on the 1st same floor of the instant building (hereinafter “instant store”), H operated a bicycle store, but around June 26, 2001, around H entered into a contract with H to acquire the right of lease from the instant store to establish a pharmacy.

In consultation with H and I, the Plaintiff: (a) paid KRW 24.8 million to H; and (b) paid KRW 18 million to I to give up all rights.

(c)

After that, on July 6, 2001, the Plaintiff directly leased the instant store, and entered into a lease agreement with E and the deposit of KRW 20 million, monthly rent of KRW 650,000, and the term of lease from July 30, 2001 to July 30, 2003.

(d)

On September 24, 2003, the Plaintiff acquired the consent of E (the Defendants after the Defendants purchased) and subleted the instant store to J on September 24, 2003, and the J has operated its frequency from that time.

On August 2016, the construction of the F building in G around G was carried out, the Plaintiff transferred G to the next side of the instant store and operated the pharmacy business.

After that, on January 27, 2018, the Plaintiff transferred G to the said building after completion of the construction of the said F building.

E. On July 24, 2018, the Plaintiff, upon renewal of the contract with the Defendants to extend the rental period of one year, agreed to set a sub-lease contract with J as a gold circuit. The Plaintiff concluded a sub-lease contract with J to the same purport.

On December 14, 2018, the Plaintiff proposed that J take over the instant store in the amount of KRW 50 million for the premium of KRW 50,000,000,000. The J, without accepting it, requests only extension of the former lending contract, and ultimately, takes over the right of lease and the right of lease.

arrow