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(영문) 서울중앙지방법원 2014.05.30 2013가합15642

손해배상

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The sale, etc. of the “T” commercial buildings 1) Defendant E.S. Corporation (hereinafter “Defendant E.S. Corporation”).

) The company newly constructed a complex, “T”, “W”, “X”, “Y(logistics Complex), and “Z(Vitalization)” on the ground of the Songpa-gu Seoul Metropolitan Government U.S. and 40 lots of land for the purpose of the alternative supply of a substitute price due to the Cheongcheon Restoration Project. Among them, the company “T” (hereinafter “V”) is called the instant shopping complex.

(2) On May 19, 2009, the Defendant Corporation made a public announcement of the invitation of occupants to the instant commercial buildings on the following grounds: (a) on May 19, 2009, the public announcement of the recruitment was classified into the floor, store use and recommended type of business; (b) the public announcement of the recruitment was referred to as “the business shall be operated for the designated purpose (type of business); and (c) the reason for the cancellation of the contract shall be the reason for the cancellation of the contract; and (d) the penalty shall be imposed upon the termination of the contract.”

In addition, there was a ground plan indicating the type and location of each floor of the shop, which was issued by the Defendant at the time of the advertisement for sale, and the place designated for the purpose of the new store on the above ground plan was only 2, 3, and 4 of the ice ice gate of the commercial building in this case.

B. The Plaintiffs, referring to the aforementioned public notice of tender and the notice of sale guidance, are running a new sales business by receiving or leasing a store with ice 2,3, and 4 from the Defendant Corporation on the following terms (hereinafter “instant sales contract”).

Article 6 (Use of Price) (1) "A" (Defendant Corporation) shall sell the above-mentioned items in accordance with the contents of the sale and purchase plan (or sale and sale advertisement) prepared within the scope of approval of the project plan or building permission, and "B" shall be used for the purpose designated by the Defendant Corporation, and the type of business shall not be arbitrarily changed even after the opening of the contract, and the Defendant Corporation shall not violate this.