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(영문) 광주지방법원 2015.05.13 2014나13903
손해배상 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

A. On March 18, 2011, the Defendant leased the said real estate from C (the change of owner D and E on January 24, 2014), the owner of the real estate listed in the separate sheet, with the monthly rent of KRW 1.5 million, from March 18, 201 to March 17, 2014.

B. Around March 26, 2013, the Defendant entered into a collective sales contract with the Plaintiff and G to transfer all of the above wholesale store’s business property at KRW 70 million (hereinafter “instant collective sales contract”) on the said real estate (hereinafter “instant collective sales contract”). The subject of the sale includes the telephone and telephone number 1, 3, 12, and PEA.

C. In addition, on March 31, 2013, the Plaintiff transferred part of the office and warehouse of the first floor among the above real estate from the Defendant for the monthly rent of one million won (five-month advance payment) and from April 1, 2013 to August 31, 2013. On April 1, 2013, the Plaintiff began to operate the Fjudo store business after delivering the office (hereinafter referred to as “the above warehouse and office”) of the part of the (a) office of the said real estate, which connects each of the items of (a), (b), (c), (c), (c), (iv), (iv), (v), (vii), (vii), (vii) and (v) of the attached drawings, among the above real estate.

On August 20, 2013, the Plaintiff and the Defendant newly concluded a sub-lease contract, which is converted from September 1, 2013 to January 31, 2014 only for the same period, with respect to the instant real estate.

E. The Plaintiff, while occupying the instant real estate until now, is engaged in the Friju wholesale store business.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. In relation to the contract for the purchase and sale of the instant house (the claim of KRW 35 million), the Defendant is obligated to pay to the Plaintiff the sum of KRW 35 million (the sum KRW 4.8 million) of the following amounts.

1. According to the contract for the purchase and sale of the instant house, the Defendant runs the Friju wholesale store to the Plaintiff.

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