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(영문) 부산지방법원 2019.07.26 2018나56671
손해배상(기)
Text

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. The plaintiff is a person who runs the Changho Construction, etc. in the trade name of "C", and the defendant is the owner of land D in Gangseo-gu Busan Metropolitan Government and warehouse facilities on its ground (hereinafter "the warehouse facilities of this case").

B. On July 21, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease the instant warehouse facilities from August 15, 2017 to August 14, 2019, with the lease deposit of KRW 30 million (the lease deposit of KRW 5 million on the date of the contract, the remainder of KRW 25 million on August 15, 2017), and the rent of KRW 2.5 million on the same day (hereinafter “instant lease agreement”), and paid the Defendant the down payment of KRW 5 million to the Defendant on the same day.

The instant lease agreement includes the following special terms and conditions:

[Matters of Special Agreement]

1. It shall be leased under the present state of facilities;

3. A lessor shall consent to perform the internal construction work in the warehouse of this case by the lessee, and the lessee shall install the internal facilities;

4. The lessee shall restore the lessee to its original state upon the expiration of the lease term;

C. On August 12, 2017, the Plaintiff completed the preparation of directors for the relocation of a place of business and commenced the installation of a dunes office in the warehouse pursuant to paragraph (3) of the terms of the instant lease agreement.

On August 15, 2017, which was the date of occupancy under the instant lease agreement, the approval for use of the warehouse of this case was not granted, and thereafter, the Defendant requested that the Plaintiff remove and request that “the approval for use of the warehouse of this case cannot be obtained due to the multi-story office,” and the Plaintiff remove again the multi-story office installed around August 23, 2017.

E. On August 28, 2017, the Plaintiff sent to the Defendant a certificate of the content that “The Plaintiff was unable to move into the warehouse on August 15, 2017 due to the lack of approval for use of the warehouse facilities of the instant case and the director was leased with another factory, and thus the instant lease contract is terminated.”

F. The Defendant shall be transferred from the head of Gangseo-gu Busan on August 29, 2017.

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