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(영문) 수원지방법원 2014.08.19 2013가합21959

손해배상등

Text

1. The Plaintiff:

A. Defendant C (Appointed Party) KRW 230,000,000 and its related thereto from December 13, 2012 to October 30, 2013.

Reasons

1. Basic facts

A. On October 2012, the Plaintiff was introduced to Defendant C through Defendant B, who operates a licensed real estate agent’s office.

B. The Plaintiff introduced a H restaurant (hereinafter “instant store”) located under the H 102 and 103 of the 1st floor of the Young-gu G (hereinafter “instant building”) from Defendant C (hereinafter “instant building”) and invested KRW 120 million with Defendant B to acquire and operate the instant store together. Defendant B’s share of KRW 20 million was to be borne by Defendant B and the KRW 100 million was to be leased to the said Defendant.

C. The building of this case is the building newly built by I as the owner, and the entire building of this case including the store of this case was completed in the first future in the company I, and the registration of ownership transfer was completed due to the trust in the future in the Korea Land Trust Corporation.

Defendant D, as the representative director of J on July 9, 2012, entered into a lease agreement on the instant store with I Co., Ltd. and the instant store. At the time, Defendant D received a letter of performance that “it recognizes the lease relationship with J as the owner of the instant building, divide the rent and premium into the lien, and cooperate to prevent any interference with business.”

E. As to the conclusion of the above lease agreement, Defendant C is liable for KRW 50 million and premium KRW 60 million to Defendant D. The lessee was aware of the legal dispute possession with the lien and the prop. The lessor is aware of the lessee’s right of retention and the right of retention and removal of the relevant commercial building. The lessor is obliged not to be subject to any sanction on the interior and removal of the interior and other various works for the commencement of business, and this contract should be null and void if any problem arises. The Defendant F must take measures to prevent anyone’s interference or interference as the representative of the right of retention.