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(영문) 대구지방법원경주지원 2017.12.19 2016가단5675
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 2005, Nonparty C sold to the Plaintiff the instant building (hereinafter referred to as “each of the instant buildings”) the instant building, which is the temple building of “E company” with D miscellaneous land 675 square meters and the land of “EM” on D Miscellaneous land and its ground (hereinafter referred to as “EM”) 26.28 square meters in cement block block structure, string string string string 25.2 square meters in cement block structure, string string string string string and manager 25.2 square meters in cement block structure, cement block structure, cement block structure string string string string string string string 25 square meters, and 117.9 square meters in cement string string string string 27.9 square meters in front of the instant land and F string string string 111 square meters in front of the instant land.

(2) On March 28, 2005, C and the Plaintiff agreed to pay C KRW 50,000,000 to C in a case where C continued to use the front room of the lower floor under the law used by C among each of the above buildings (hereinafter “instant room”). However, in a case where C provided the cause to withdraw from the instant room, the Plaintiff agreed to pay C KRW 50,000,000.

(3) After the conclusion of the instant lease agreement, C had the locking device in the instant room and had been living in the said room. Around August 2007, the Plaintiff arbitrarily replaced the locking device and prevented C from entering the instant room. (b) After the Plaintiff’s civil action and the Defendant’s perjury 1, C agreed to pay KRW 50 million to C when the Plaintiff provided the cause to withdraw from the instant room at the time of the conclusion of the said lease agreement. Since then, C provided the cause to withdraw from the instant room, the Plaintiff subsequently provided the cause to withdraw from the instant room. Accordingly, C filed a lawsuit against the Plaintiff as the Busan District Court 2010Ga26901, asserting that the Plaintiff is obligated to pay KRW 50 million in accordance with the said agreement.

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