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(영문) 서울중앙지방법원 2015.06.30 2014가합586073
손해배상등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On December 29, 2006, the Plaintiff filed a lawsuit as to the seventh floor among the buildings listed in the separate sheet, which was owned by himself/herself to the Defendant (hereinafter “instant building”) set forth in the separate sheet No. 701 (the entire section for exclusive use on the seventh floor was classified as 16 units, which was classified as July 31, 2012; hereinafter “instant seven floors”) as the lease deposit amount of KRW 150 million, monthly rent of KRW 9 million, and the lease period of KRW 12 months.

On April 6, 2009, the Plaintiff sold the entire seven floors of this case to the Defendant, and completed the registration of the right to claim ownership transfer on the seven floors of this case on the following day.

The Defendant did not pay the purchase price, and the Plaintiff sent a certificate of content that notified the cancellation of the above purchase and sale contract on January 4, 2012 after several peremptory notices.

Since then, the Plaintiff filed a lawsuit against the Defendant (Seoul Central District Court 2012Gahap10497) such as a building name map on the 7th floor of the instant case.

B. On October 29, 2010, the Plaintiff filed a lawsuit against the sixth floor among the instant building, and leased the sixth floor of the instant building (the entire section for exclusive use by the sixth floor was classified into 17 units, as classified on October 25, 201; hereinafter “the entire sixth floor of this case”) to the Defendant by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 5 million (7 million after the date of the instant lease agreement), and the lease term of KRW 5 million as five years.

The Defendant did not pay monthly rent, etc., the Plaintiff filed a lawsuit (Seoul Central District Court 201Da378601) against the Defendant on the ground that the said lease contract was terminated.

C. On April 9, 2012, the Seoul Central District Court 201Da378601, supra, concluded conciliation between the Plaintiff and the Defendant (hereinafter “instant conciliation”) as follows.

1. The Defendant’s real estate indicated in the separate sheet No. 1 to the Plaintiff.

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