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(영문) 수원지방법원여주지원 2017.11.15 2015가합11655

손해배상(기)

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants, as married couple, have operated a rural bed and cambling business (hereinafter “private gambling business”) with the trade name “E” in the Gyeonggi-si D Large 832 square meters, etc.

B. On April 24, 2014, the Plaintiff entered into a contract with Defendant B to purchase KRW 337,000,000 (hereinafter “instant sales contract”) the instant land owned by Defendant B between Defendant B and his husband, and completed the registration of ownership transfer on the instant land on June 11, 2014.

C. On June 9, 2014, the Plaintiff entered into a contract with Defendant C to purchase at KRW 42,00,000 of the purchase price of KRW 138 square meters in Yangyang-gun owned by Defendant C for a private gambling business. The Plaintiff completed the registration of ownership transfer on the said land on November 6, 2015.

From October 2014, the construction of the Plaintiff’s building for the private gambling business (hereinafter “instant construction”) was carried out on the instant land from October 2014, and the total of five buildings (hereinafter “instant building”) was completed on May 29, 2015.

E. On June 1, 2015, the Plaintiff reported a private gambling business as to 3 Dongs among the instant buildings with the name of the facilities for the private gambling business as “I,” but it was possible to engage in private gambling only for 1 Dongs among the said 3 Dongs under the relevant statutes, and the report of the private gambling business was accepted only for 1 Dongs designated by the Plaintiff among the said 3 Dongs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6, 21-24 (including cases with each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. When the Plaintiff purchased the instant land to the Plaintiff, the Defendants concluded that the Defendants would build a building to be used for the private gambling business on that ground so that they can engage in the private gambling business in the same manner as the Defendants did.

The plaintiff shall comply with the defendants' proposal.