손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On April 30, 2012, the Plaintiff entered into a lease agreement with the Defendant with respect to the monthly rent of KRW 300,000,000,000,000,000, in order to use it as a factory site with respect to 660 square meters of Gangseo-si C Miscellaneous land owned by the Defendant (hereinafter “instant land”).
131.91 square meters at 131.91 square meters at a hill C building D-dong in Gangnam-si.
2. F-dong of the building C in Gangseo-si (road name address), the E Gyeong-si E, the structure of steel framed and other branch warehouses, one-story warehouse facilities, 151.71 square meters.
B. On the leased land of this case, the Plaintiff constructed a factory building and warehouse facilities (hereinafter referred to as “instant building”) as follows, and registered the preservation of ownership in the name of the Defendant for convenience, but stipulated that the ownership of the special terms of the lease agreement belongs to the Plaintiff.
C. On October 14, 2019, the Defendant, who decided to sell the instant land to a third party, prepared a written undertaking from the Plaintiff to remove and deliver the instant building from the Plaintiff to December 20, 2019, to the effect that “the Defendant shall pay the director fees,” and concluded a sales contract with G to sell the instant land, buildings, and other buildings (in addition to the instant land buildings, three buildings are added thereto) to KRW 485 million.
On October 15, 2019, the Plaintiff contacted the Defendant that he/she wishes to purchase all of the instant land.
Accordingly, on October 17, 2019, the Defendant contacted the Plaintiff that “a penalty of KRW 50 million shall be deposited in order to establish a contract,” and the Plaintiff paid KRW 50 million to the Defendant on the same day.
E. On October 18, 2019, the Defendant cancelled the sales contract with G, and concluded a sales contract with the Plaintiff for the instant land and its ground buildings with the purchase price of KRW 500 million.
(hereinafter referred to as “instant sales contract.” The Plaintiff pays the Defendant the down payment of KRW 50 million on the same day.