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(영문) 서울고등법원 2018.06.21 2018나2004039
손해배상금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 441,067,949 for the Plaintiff and its related expenses from July 7, 2015 to June 21, 2018.

Reasons

Basic Facts

On July 8, 2014, the Defendant: (a) obtained a construction permit from the Namyang-si mayor to newly build a Class II neighborhood living facilities (offices) 339.15 square meters on the land on the land outside Nam-si; and (b) concluded a construction contract between D and D without a construction license around July 2014 to October 30, 2014, setting the construction cost of KRW 235,000,000 and the construction cost of KRW 235,000 on the land (hereinafter “instant primary contract”).

From July 2014 to April 10, 2015, the construction contract was concluded between D and D on the construction work period of KRW 405,00,000 (hereinafter “the instant secondary contract”), and on December 2, 2014, the Defendant obtained a permit for changing the total floor area of the Class II neighborhood living facilities (office) from the Namyang-ju market to the total floor area of the class II neighborhood living facilities (office) of KRW 498.59 square meters.

D The construction of a new warehouse (hereinafter “instant warehouse”) was completed by the Defendant, on January 30, 2015, using the total floor area of the instant warehouse as 494.79 square meters from the Namyang-ju market.

On January 14, 2015, the Plaintiff entered into a lease agreement on the instant warehouse between the Defendant and the Defendant, setting the lease deposit of KRW 30 million, monthly rent of KRW 2.4 million, and the lease period from February 1, 2015 to January 30, 2017 (hereinafter “instant lease agreement”). From February 1, 2015, the Plaintiff and the Defendant kept bank supplies, including Pakistan, (hereinafter “instant lease”).

The defendant, on March 11, 2015, at the second class neighborhood living facilities (office), the use of the warehouse of this case from the Namyang-ju market as the first class neighborhood living facilities ( retail stores), and the first class neighborhood living facilities (offices).

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