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(영문) 전주지방법원군산지원 2014.07.24 2013가단8347
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. The Plaintiff, as the owner of 6500 square meters (hereinafter “instant real estate”) before Ysan-si, the Plaintiff leased the instant land to Nonparty F on February 1, 2012, with the term of lease from February 1, 2012 to February 1, 2013, with the rent of KRW 2,500,000 (Advance payment) per annum from February 1, 2012 to February 1, 2013.

(hereinafter “former Lease Contract”). F did not planting a multi-year tree on the instant real estate, and decided to plant the instant real estate with a set of tree with a set of fruit, and accordingly, planted only the number of a single tree on the instant real estate.

B. Defendant D, as a licensed real estate agent, recommended the Plaintiff to rent KRW 12,00,00,000 per annum the instant real estate to the Hanjin Heavy Industries, through Defendant B, known to the general public around September 2012, while coloring the land to be used as the site office in the Hanjin Heavy Industries Co., Ltd. (hereinafter “ Hanjin Heavy Industries”).

Although the Plaintiff consented to the termination of the previous lease term at the time, and there was a regrative tree growing in F on the instant real estate, the Plaintiff and F agreed to waive the right of lease and tree cultivation instead of paying KRW 20,000,000 to the Plaintiff.

C. On September 12, 2012, the Plaintiff entered into a lease agreement between the Hanjin Industries and Defendant D with respect to the instant real estate from September 12, 2012 to September 11, 2018, under which the lease term is set forth as KRW 12,00,000 per annum, and received the down payment of KRW 1,00,000 from the Han Heavy Industries.

After October 5, 2012, the Hanjin Heavy Industries obtained all relevant persons and permission to use the instant real estate as site for a site for a site for a site for a site, and on October 8, 2012, the lease contract was concluded between the Plaintiff and the Hanjin Heavy Industries with the same content as the instant provisional contract.

(hereinafter “new lease contract”). D.

The Plaintiff and the Hanjin Industries are scheduled to be built by the Plaintiff and the Plaintiff “Korea Heavy Industries A” at the time of a new lease agreement.

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