(영문) 전주지방법원 2014.12.03 2014가합2487

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(영문) 전주지방법원 2014.12.03 2014가합2487

손해배상 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 30, 2009, the Plaintiff entered into a real estate lease agreement (hereinafter “the first lease agreement”) with the Defendant on the condition that the term of the contract, including the steel framed structure and the facilities for storage and treatment of dangerous substances on the land (hereinafter “instant building”) from January 30, 2009 to January 30, 201, with the content that the term of the contract shall be from January 30, 2009 to January 30, 201; the deposit shall be KRW 20 million; and the monthly rent shall be KRW 2,900,000 (hereinafter “the instant first lease agreement”); from around that time, the Plaintiff operated the instant gas station under the trade name “F station” (hereinafter “instant gas station”).

B. On February 13, 201, the Plaintiff concluded a real estate lease agreement with the Defendant on the following terms: (a) the term of the instant first lease agreement expires; (b) from February 13, 2011 to February 13, 2016; (c) the deposit amount of KRW 33,000,000; and (d) monthly rent of KRW 2,90,000 (including value-added tax); and (b) the instant building and the instant real estate lease agreement (hereinafter “instant second lease agreement”); and (c) the lease agreement was concluded, including the instant first and second lease agreements.

C. On November 4, 2013, the Defendant completed the registration of ownership transfer (G 80/100 shares, H, and I each 10/100 shares) in G and I, which are wife and children, on the instant building, C, and E land on October 17, 2013.

G, H, and I (hereinafter “G, etc.”) received the instant building from the Defendant and succeeded to the lessor status of the instant secondary lease agreement against the Plaintiff around December 20, 2013, by the Jeonju District Court 2013Da46407, G, etc., and the instant secondary lease agreement was lawfully terminated by the Plaintiff’s termination notification of G, etc. on the ground that the instant secondary lease agreement was based on the Plaintiff’s delinquency in rent, the Plaintiff transferred the instant building to G, etc., and returned the amount of the overdue rent and the amount of unjust enrichment equivalent to the rent by the said delivery date.

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