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(영문) 서울중앙지방법원 2015.11.06 2015가단5026866
손해배상(기)
Text

1. The Defendant’s KRW 35,684,210 as well as annual 5% from August 27, 2015 to November 6, 2015, and the next day.

Reasons

1. Fact-finding;

A. The Plaintiff, as the parties, leased the building on the ground (hereinafter the building of this case) between B and D in Jung-gu in Seoul, Jung-gu, Seoul (hereinafter the “B”), to Egrative Industries Co., Ltd. (hereinafter the “Egrative Industries”).

E. The E.B. sub-leaseed to C to operate as a restaurant, and sub-leaseed E.B. The E.B. sub-leaseed to the Defendant and D (hereinafter referred to as the Defendant, etc.) on February 28, 2012.

The defendant et al. received a restaurant from C and continued the business.

B. On January 23, 2014, the Defendant, etc., of the building delivery lawsuit against the Defendant, etc. of Egyptive Industries delayed the monthly rent from August 2013, and the Egyptive Industries terminated the sub-lease contract to the Defendant, etc., and filed a lawsuit seeking the delivery of the instant building on February 12, 2014.

On December 4, 2014, the court rendered a judgment citing the request for the delivery of a building in the Egyptive acid, and the judgment became final and conclusive as it is.

On January 6, 2015, the Defendant delivered the instant building to Egyptive Industries.

C. During the period from July 2014 to November 1, 2014 during which a lawsuit filed by the Defendant’s civil petition filing and the head of Jung-gu Seoul Metropolitan Government’s order to correct the unauthorized extension portion of the building, the Defendant filed a civil petition to several government agencies, including Jung-gu Seoul Metropolitan Government Office, that the building of this case was illegally expanded and violated the Building Act.

The part where the Defendant filed a civil petition for the reason of unauthorized extension was installed without permission by the former sub-lessee C, which was the part which the Defendant accepted and used as the place of business.

On October 17, 2014, the head of Jung-gu ordered the Plaintiff to voluntarily correct the portion for unauthorized expansion (33.67 square meters and 104.24 square meters on the first floor of the instant building) by October 17, 2014.

D. The Plaintiff, among the Defendant’s obstruction acts and construction charges imposed on the Plaintiff of the head of the Gu, shall either directly communicate the Defendant with or via content-certified mail, from July 2014, to implement the direction of the head of the Gu.

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