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(영문) 서울남부지방법원 2020.12.24 2019가합104113
손해배상 등
Text

1. The Defendants are 5% per annum from March 15, 2019 to December 24, 2020 with respect to each of the said KRW 36,69,100 to the Plaintiff.

Reasons

A. Each Defendant C purchased shares of KRW 1,499/5,960 from the instant land and the instant F-J land in KRW 3.4 billion, respectively.

(2) The sales contract for the land of this case (hereinafter referred to as "the sales contract of this case") includes the following special terms and conditions: 1. The buyer succeeds to the lease deposit, and the seller (Defendant C) delivers the original of the lease contract to the buyer. 2. The seller delivered the original of the lease contract to the buyer after sufficiently explaining the lease contract and the respective forms and specifications related to the lessee in the present site. The buyer fully understood and consented to the contents of the lease contract. Accordingly, the buyer deposits the remainder of the sales contract, excluding the deposit, on the account of the seller's account number. The buyer deposits the remainder of the sales contract in the future, and adjusts all the lessees in the sale site of this case to the buyer. 1. * The document confirming that the lessee of this case's land of this case is using the original of the lease contract of this case (M), the original of the lease contract of this case, and the document confirming that the sale contract of this case is used as part of the parking lot at the time of Kimpo-si's land lessee (M). 3)

C. After the lapse of 1) The Plaintiff purchased each of the instant land from the Republic of Korea, and purchased each of the instant land from the Republic of Korea, thereby constituting Qu and R-Dong of the first and third floors above ground (hereinafter “S building”).

(2) On January 31, 2019, at the time of concluding a sales contract for the instant land and its ground buildings, Defendant C notified the Plaintiff of the specific details of the lessee occupying the said land, and it was confirmed that the Plaintiff “in the end of the last half of the year.”

As a result, the contents of the special agreement are used only formally, and the actual intention of the special agreement is that Defendant C will be responsible.

Accordingly, the plaintiff confirms the lease relationship by the buyer.

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