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(영문) 창원지방법원 진주지원 2018.04.18 2017가합11233
손해배상(기)
Text

1. The Defendants jointly share KRW 2,900,000 with the Plaintiff and KRW 5% per annum from August 26, 2017 to April 18, 2018.

Reasons

1. Facts of recognition;

A. On October 26, 2016, the Plaintiff entered into a lease agreement with Defendant B (i) and the Plaintiff’s existing building on the H ground (i.e., the loss on March 16, 2017; hereinafter “existing building”).

The term “existing lease agreement” refers to a lease agreement between October 27, 2016 and October 26, 2018 (24 months) and the term of lease stipulated and leased No. 103 of the first floor as lease deposit amounting to KRW 50 million, monthly rent of KRW 2.1 million, and the term of lease (hereinafter “existing lease agreement”).

2) At the time of the conclusion of the existing lease agreement, the existing building of this case was registered with seven co-ownerships, such as network I, network J, K, Defendant C, D, B, and F.

Since then on December 6, 2016, L, Defendant G, with respect to the net portion on inheritance on August 22, 2014, completed each transfer registration made by K, L, Defendant C, D, F, and G due to inheritance on March 10, 2013.

Defendant B’s share on the same day, and Defendant E’s share on December 5, 2016, respectively, completed the registration of share transfer due to donation. The instant existing building was owned by the Defendants since December 6, 2016.

B. On January 4, 2017, the Plaintiff and the Defendants agreed upon the demolition of the instant existing building, and the Defendants drafted an agreement containing the following contents with the Plaintiff as they removed the instant existing building:

(hereinafter referred to as “instant agreement”). On January 4, 2017, the State of the Agreement on Termination of Contracts and Recontract due to Removal of H commercial buildings: Residents B (No. 4 persons): Representative of the M Pharmacy: Details A (the details of the storage of the agreement)

1. The contractual owner B (not less than four persons) grants the right to move in to A, after reconstruction of a commercial building, to the representative of the M Pharmacy.

2. The contractor B (not less than 4) agrees to move into a re-contract at KRW 3,500,000 on monthly rent of KRW 50,000 when re-occupanted after the removal of the building.

4.The Contracting Party B (not less than four persons) shall not be bound by the representative of the M Pharmacy A to sell to other enterprises (Provided, That the present items of goods occupied in the building shall not be permitted). Terms and conditions of the agreement (the particulars of the agreed storage).

1. The representative A of the M Pharmacy shall be at present A B.

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