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Reasons
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(영문) 춘천지방법원 2014.08.26 2013가단10119
손해배상금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 7, 2002, the Defendant entered into a lease agreement with D as to the lease deposit of KRW 7 million, monthly rent of KRW 700,000,000, and March 14, 2007 with regard to the land owned by it (hereinafter “instant land”). As a special agreement, D agreed that the building to be newly built on the land of this case shall be under the name of the Defendant (hereinafter “instant agreement”).

B. D on April 15, 2002, a new building of this case was built under the name of the Defendant with a permit for construction of light fluorries, steel frameds, and other roofs on the ground of this case (Meldboard), Class II neighborhood living facilities (repair stores), 105.6 square meters on the ground of this case (hereinafter “the building of this case”). The same year is applicable.

5. After obtaining approval for use on 23. 23. After being engaged in the typian agent business in the instant building, the Plaintiff transferred all of the typian agent business to the Plaintiff around July 2003, and thereafter the Plaintiff operated the typian agent business in the instant building.

C. On December 1, 2007, the Plaintiff entered into a lease contract with the Defendant by setting the lease deposit of KRW 4 million, monthly rent of KRW 700,000,000, and the lease term of December 1, 2009. On January 30, 2010, the lease deposit was increased to KRW 7 million, and the lease contract was concluded again by setting the lease term of two years. The said lease contract was explicitly renewed until January 29, 2014.

The Defendant sold the instant land, buildings, etc. to E in KRW 1.3 billion on April 20, 2013, and completed the registration of ownership transfer on April 30, 2013 with respect to the instant land and buildings due to sale on April 20, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, 4, 6, 7, 9 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion.

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