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1. Defendant B’s KRW 288,290,300 as well as 5% per annum from September 11, 2015 to December 4, 2015, and the following:
Reasons
1. Facts of recognition;
A. On September 25, 2014, the Plaintiff, from Defendant B, paid KRW 155,00,000 as premium (hereinafter “instant premium contract”), and paid KRW 140,000 on October 6, 2014, by taking over business rights on the first floor of the building of the building of the 143.79 square meters in Seo-gu, Seo-gu, Chungcheongnam-gu (hereinafter “instant commercial building”), and by paying KRW 15,00,000 as premium when taking over the facilities located in the instant commercial building (hereinafter “instant commercial building”).
B. On October 3, 2014, the Plaintiff: (a) leased the instant commercial building from E, the owner of the said building; (b) from October 6, 2014 to October 6, 2016, KRW 70,000, KRW 5,200,000, KRW 5,000, KRW 133,290 (hereinafter “instant lease”); and (c) began to build facilities for operating the instant commercial building; and (d) start to operate the business with the trade name “F.”
C. On November 26, 2014, and December 5, 2014, the head of the Seo-gu Northern District Office issued a corrective order to voluntarily remove the same, since it was originally a parking lot with a size of 22.68 square meters used as a main store in the instant commercial building on two occasions, and it was an extension of 14.30 square meters of prefabricated-type building without permission.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7, and 8 (including branch numbers; hereinafter the same shall apply)
2. Determination as to the claim against the defendant B
A. If a party to a contract knew specific circumstances that may affect the validity of the contract or cause risks to the other party’s right in property transaction, the contracting party is obligated to inform the other party of such circumstances in advance, in light of the principle of good faith, if the other party did not conclude the contract or at least would not conclude the contract on such terms or conditions.
(see, e.g., Supreme Court Decision 2013Da97076, Jul. 24, 2014). (B)
A. The liability for damages occurred.