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(영문) 서울중앙지방법원 2017.12.05 2016가단5310278

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C&A cooperative (hereinafter “Non-Party Cooperative”) promoted a reconstruction project to newly build a commercial building in the name of “G” (hereinafter “the instant commercial building”) on the ground of 4,144.3 square meters in Seoul, Jung-gu, Seoul, Seoul, where the former D&D market and E market site was located, and Man-Mag F&C Co., Ltd. (hereinafter “Non-Party Company”) concluded a comprehensive implementation contract with the Non-Party Cooperative to perform all duties related to the said reconstruction project with delegation.

B. According to the standard sale contract between the non-party partnership, cooperative members and the non-party company, the non-party partnership, cooperative members and the non-party company shall mutually sell the divided shop of the commercial building of this case to the union members, and the non-party company shall pay charges to the union members, and the non-party company shall lease the object of sale to the non-party company, which is the executing agent, and transfer the right of lease to the non-party company.

C. On April 30, 2008, the non-party company entered into a lease contract between the Plaintiff and the Plaintiff, which is a transfer contract for the right to lease of the 6th floor of the instant commercial building.

According to the lease sale contract, the Plaintiff entered into a contract with the 6th floor unit (3.9 square meters of exclusive use area) of the commercial building of this case, and paid the non-party company as the seller to the non-party company the "lease deposit" and the "sale price after excluding lease deposit," but if the store becomes final and conclusive after drawing a specific location of the store, the Plaintiff shall enter into a lease contract with the sectional owner of the individual shop (a lessee) and pay monthly rent for the lease period (10 years after the opening of the store).