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(영문) 대구지방법원서부지원 2016.07.14 2016가단1827
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 28, 2013, the Plaintiff leased from the Defendant the Seo-gu Seoul metropolitan area of 393 square meters (hereinafter “instant land”). On the ground, the Plaintiff acquired one vinyl house installed on the ground from the former lessee and operated a fireworks house at a place.

D and E purchased the instant land from the Defendant, etc. on September 19, 2014, and succeeded to the lessor’s status under the said lease agreement after completing the registration of ownership transfer on November 12, 2014. The said lease agreement was terminated for reasons of the Plaintiff’s delinquency in rent.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. If the Plaintiff’s assertion that the land of this case was sold more than 6 million won per ordinary day, the Defendant agreed to grant the Plaintiff a deposit and premium of KRW 45 million, including a security deposit and premium, and the Plaintiff introduced several real estate to the Defendant, and the Defendant sold the land of this case more than KRW 6 million per ordinary day. Thus, the Defendant asserts that the Defendant is liable to pay the Plaintiff the above KRW 45 million and the damages for delay.

B. In light of the above evidence, the above evidence reveals that the defendant sold the land of this case to D, etc. and succeeded to D, etc. under the above lease agreement, the plaintiff continued to maintain the above lease agreement by operating a fireworks house in the land of this case even after D, etc. purchased the land of this case, and the lease agreement was terminated following the plaintiff's delinquency in rent, etc., and it is difficult to believe that each statement in Gap evidence Nos. 6 and 7, which seems to correspond to the plaintiff's above argument, is insufficient to recognize it by only the statement in the evidence Nos. 10, 11 and 13, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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