logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.28 2015나2066340
손해배상(기)
Text

1. The judgment of the first instance court, including a claim modified or added in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. 1) Defendant B entered into the instant contract on February 29, 2008, Gangnam-gu Seoul F building (hereinafter “instant building”)

(2) The term “Defendant B, for two years, shall rent KRW 62 million as lease deposit, KRW 2.2 million as monthly rent” (hereinafter “instant lease agreement”) and “Defendant B, for two years, shall rent KRW 103 on the first floor of the instant building at KRW 62 million (hereinafter “instant lease agreement”).

After concluding a contract, the term “H pharmacy” (hereinafter “instant pharmacy”) is the same as “H pharmacy.”

When the lease term expires, Defendant B and K renewed the instant lease agreement with the two-year lease term. (2) Defendant B requested K around December 2012 to change the name of the lessee of the instant lease to “Defendant C”, which is the lessee of the instant lease.

3) On or around March 8, 2013, the Plaintiff entered into a contract for acquisition or transfer of rights (facilities) with Defendant D, the employee of the Licensed Real Estate Agent Office in Defendant E’s operation, stating that “The Plaintiff acquires the right of lease under the instant lease agreement and acquires the right of operation of the instant pharmacy in KRW 380,000,000,000 for the premium” (hereinafter “instant contract”).

Defendant E signed the “ broker” column of the instant contract. The rights (such as acquisition or transfer of facilities) are transferred or taken place.

1. Indication of the real estate;

2. As to the above real estate under Article 1 (Purpose) of the contract, Defendant B and the Plaintiff enter into a contract for acquisition of rights as follows by agreement.

Article 2 (Transfer of leased Articles) of the Act on April 9, 2013, 200,000 won in total premium of KRW 380,000,000,000 at the time of the contract, and the remaining amount of KRW 100 million paid on April 9, 2013, 200,000 KRW 2440,000,0000,000,000,000,000,000 won, is delivered to the Plaintiff by the day before the commencement of the lease contract, and Defendant B removed all matters that interfere with the exercise of the right to lease, and at the same time, the Plaintiff received any balance.

arrow