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(영문) 인천지방법원 2015.07.14 2014가단49325
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 3, and 10:

On August 27, 2013, the Plaintiff acquired the ownership of Yeonsu-gu Incheon Metropolitan City Seoul Building Gdong Commercial Building 63 (hereinafter “instant store”).

B. According to the Defendant’s brokerage that operates the “D Licensed Real Estate Agent Office” located in the G-dong Commercial Building G78, the Plaintiff entered into a lease agreement with E on January 2, 2014, setting the lease deposit amount of KRW 20,000,000 from February 15, 2014 to February 14, 2016 (hereinafter “instant lease agreement”). The Plaintiff received from E as the remainder of the deposit amount of KRW 18,000,000 as the down payment, respectively.

C. On February 4, 2014, H, which operated the “G Licensed Real Estate Agent Office” in Article 76 of the GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG

H Around March 2014, the Incheon District Court filed an application against F for a provisional injunction against business operation of the Incheon District Court 2014Kahap363, and the said court accepted H’s application and rendered a decision of acceptance to the effect that “F shall not operate a real estate agent’s office at the instant store” on June 10, 2014.

E. According to the above decision of the acceptance, the Plaintiff: (a) with respect to the instant lease agreement with E around June 10, 2014; (b) “the Plaintiff shall pay KRW 30,000,000 in total, and KRW 10,000 in total, and KRW 30,000 in total, for the lease deposit repayment amounting to E; and (c) E shall suspend its business after June 10, 2014.”

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