(영문) 서울서부지방법원 2016.10.18 2015가단220699

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(영문) 서울서부지방법원 2016.10.18 2015가단220699

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person operating a wedding business in the trade name of “C,” and the Defendant is a management body comprised of all sectional owners of B commercial buildings located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).

B. On January 19, 2015, the Plaintiff prepared a memorandum of understanding with the Defendant regarding the conclusion of the instant 4,5, and 6th lease agreements on the instant commercial building.

(hereinafter referred to as “instant MOU”). Among them, the contents relating to this case are as follows:

Article 3(1) “A” (Defendant)

hereinafter the same shall apply.

A) during the period specified in Article 7, “B” (referring to the Plaintiff);

hereinafter the same shall apply.

A) The right of preferential negotiation shall be granted to the “this contract” and the period of preferential negotiation shall be 15 days from the date of conclusion of the contract and shall be 15 days or less. The term “A” shall not negotiate with a third party during the period of preferential negotiation. 3) The term “A” shall not negotiate with a third party in the name of a third party designated by “A” or “B” or in the name of a third party designated by “B” or “B”, and the part of the amount of the acceptance price to be determined by mutual agreement under Article 3(4) shall be deposited in order according to the following schedule and shall be Eske:

On January 22, 2015, KRW 100,000,000,000 (Won 100,000,00) 4 "A" and "B" shall draw up an agreement on the following matters within the period of priority negotiation and be converted into this agreement.

Agreement on the Terms and Conditions of Lease

(b) Agreement on the feasibility of permission for the cancellation (fourth floor and fifth floor) of a non-compliant building and for the alteration of use;

C. The determination of the acquisition amount (unpaid and unpaid management expenses) and the method of payment, and the specified agreement 5) and “A” and “B” are not agreed upon under Article 3(4) and are subject to termination or termination of the contract if the contract is not performed under this agreement.

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