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(영문) 인천지방법원 2020.11.05 2019가단273437
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On October 29, 2002, the Plaintiff leased the Incheon F and G building (the upper building area is 121.29 square meters; hereinafter “instant building”) owned by E from E, and operated the instant building with the trade name “H (hereinafter “H”) “the instant restaurant” from the instant building.

In around 2007, the Plaintiff entered into a lease agreement with E as lease deposit of KRW 58 million and monthly rent of KRW 2.7 million (the Plaintiff paid KRW 3 million including value added tax as rent) with respect to the instant building.

B. On March 4, 2013, E sells the instant building to Defendant B and sells the same year.

4. Defendant B completed the registration of ownership transfer in the future.

On July 20, 2016, the Plaintiff concluded a lease agreement with Defendant B and the instant building with the lease deposit of KRW 58 million, KRW 2750,000 per month, and the period from October 30, 2016 to October 29, 2019.

(hereinafter referred to as “instant lease agreement” in total, which the Plaintiff concluded with respect to the instant building.

On May 10, 2018, the Plaintiff entered into a premium agreement with 47 million won for the instant building between I and I, and around that time, requested Defendant B to enter into a new lease agreement with I on behalf of Defendant B through J who managed the instant building on behalf of Defendant B. However, Defendant B refused the Plaintiff’s request.

On August 6, 2019, Defendant B sold the instant building to Defendant C and D, and completed the registration of ownership transfer on the 30th of the same month with respect to each of Defendant C and D’s shares on the 30th of the same month.

E. Defendant C and D expressed to the Plaintiff on September 2019 that the lease agreement with the new lessee on the instant building was KRW 50 million and KRW 3.6 million per month.

F. The Plaintiff delivered the instant building to Defendant C and D at the time of the expiration of the instant lease agreement.

[Judgment of the court below] The plaintiff 1.

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