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(영문) 부산지방법원 2016.11.04 2015나51064
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts below the facts do not conflict between the parties or are identical to Gap evidence Nos. 1, 2, 3, 4, 5, 8, 10, 13, 14, 15, Eul evidence Nos. 1, 2, and 3 (including various numbers, and the plaintiff revoked it on the first date for pleading of the trial of the court of first instance, but there is no evidence to prove that the recognition of the above establishment was contrary to the truth and due to mistake, and the above evidence Nos. 1, 2 is identical to the evidence Nos. 1, 1-1, 2, and 1-2 submitted by the plaintiff as evidence, and the whole purport of the pleadings can be acknowledged in full view of each statement as well as the testimony of the witness I of the court of first instance.

Defendant B and C, a couple, leased 76 mechanical parking facilities located in the building located in the Dong-gu Busan Metropolitan City (hereinafter “instant facilities”) from the F Co., Ltd. (hereinafter “F”), and operated a parking lot business.

B. Around September 2013, Defendant C transferred the right to lease the instant facilities on behalf of Defendant B to I and J in total at KRW 120,000,000 for the premium and lease deposit, and I and J used the instant facilities from around that time.

C. On November 201, 2013, I and J demanded Defendant B and C to terminate the lease agreement on the instant facilities. Accordingly, Defendant B and C returned KRW 120,000,000 to I and J, but promised to transfer the right of lease on the instant facilities to a third party and prepare KRW 120,00,000 as the transfer price.

On November 13, 2013, Defendant B and C (hereinafter “instant transfer/acquisition agreement”) introduced the Plaintiff’s husband from Defendant D and Defendant E, a broker assistant, with the trade name of “K Licensed Real Estate Agent” and entered into a transfer contract with H, an agent of the Plaintiff, with respect to the right to lease of the instant facility at KRW 78,000,000 (hereinafter “instant transfer/acquisition agreement”), and from the Plaintiff on the same day.

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