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(영문) 대전지방법원 2017.11.29 2015가단32100
손해배상(기)
Text

1. Defendant B’s KRW 117,392,00 as well as the Plaintiff’s annual rate from September 11, 2015 to November 29, 2017, and the following:

Reasons

1. Basic facts

A. Defendant B purchased Seo-gu land around January 2004, Seo-gu, Daejeon, and newly built a building of the first and fourth floor above the above land (hereinafter “instant building”), and completed registration of ownership preservation on June 25, 2004.

B. On June 21, 2004, Defendant B, the competent authority, established the instant building from Seo-gu, Daejeon Metropolitan City (hereinafter “Defendant Seo-gu”), with the name of the childcare center as “D childcare center,” and obtained authorization for private childcare facilities whose representative is Defendant B, and operated childcare centers in the instant building (hereinafter “instant childcare center”) from around that time.

C. On September 28, 2012, the Plaintiff entered into a real estate sales contract and a special agreement on the transfer and takeover of rights to child care centers (hereinafter referred to as “instant transfer contract”) with the purport that all the instant building and the instant child care center’s operating and operating rights should be transferred to KRW 1,030,000,000, premium of KRW 150,000.

Under the instant transfer contract, the Plaintiff paid Defendant B the remainder amount of KRW 78,000,000 on the day of the contract, and KRW 952,000,000,000 for the premium and KRW 150,000 for the premium, etc. on October 30, 2012, which is the remainder payment date.

E. Around December 2012, Defendant B applied for the authorization to change the name of the child care center to “E child care center” in relation to the instant child care center in Seo-gu, the name of the child care center was changed to the Plaintiff. On December 28, 2012, Defendant Seo-gu applied for the authorization to change the child care center in accordance with the above details of the application. The Plaintiff operated the child care center in the instant building from December 2012.

F. As from June 1, 2015, Defendant Seo-gu

6. By the end of 30.30. Fact-finding survey on emergency disaster prevention facilities for 4 and 5th child care centers within their jurisdiction, and as a result, the child care centers of this case have not been installed with a sprinkler or automated fire detection equipment (hereinafter collectively referred to as the “fire safety equipment of this case”).

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