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(영문) 대구지방법원 2020.10.20 2019가단138976
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 14, 2015, the Plaintiff leased, to Defendant B, the land owned by Defendant B, including Daegu Dong-gu, Daegu-gu, and one other (hereinafter referred to as “instant land”), and the two-story buildings (hereinafter referred to as “instant building,” from the following to the instant land), with the deposit amount of KRW 50 million, monthly rent of KRW 2,200,000,000, and the lease period of the instant real estate from May 15 to May 14, 2017, and thereafter extended the lease period to May 14, 2019.

B. Around July 6, 2015, the Plaintiff and Defendant B acquired the right to the instant temporary building installed in E with the former lessee of the instant real estate in KRW 25 million (around 66m2, hereinafter “instant temporary building”) of two Dongs (hereinafter “instant temporary building”) installed in the instant land between E and E, a lessee of the instant real estate, and the Plaintiff paid KRW 15 million to E, and Defendant B operated the instant car center from August 13, 2015 upon delivery of the said temporary building.

C. On August 13, 2019, the instant real estate was registered for the transfer of ownership on the ground of the self-sale on June 15, 2019 in the future of the Defendant CHousing Reconstruction Project Association (hereinafter “Defendant Association”).

On September 2019, the Plaintiff moved the pentp and signboard to the instant temporary building, etc., which was confirmed by the Defendant Cooperative.

E. On October 28, 2019, the Defendant Union deposited KRW 50 million as deposit money of the instant lease agreement with the Plaintiff as depositee.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B promised that the Plaintiff would sell the instant real estate to the Defendant Cooperative and compensate the Plaintiff for the transfer cost, as it sold the instant real estate to the Defendant Cooperative at the time the lease term of the instant lease expires.

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