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(영문) 광주지방법원순천지원 2016.12.16 2016가단9340
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 April 1, 2007, the Plaintiff leased the instant land from the Defendant at the Plaintiff’s expense and newly constructed the 2nd floor building on the said land (hereinafter “instant building”). On October 5, 2007, the Plaintiff completed the registration of ownership preservation on the said building to the Defendant on the following grounds: (a) around October 5, 2007:

B. On November 27, 2012, the following adjustments were established in this Court 2012Gahap3327 (Mains) and 2012Gahap334 (Counterclaim), which was proceeding between the Plaintiff and the Defendant.

The Plaintiff received KRW 205,00,000 from the Defendant and simultaneously delivers the instant earth and building to the Defendant by December 15, 2012.

The Defendant shall pay KRW 205,000,000 to the Plaintiff by December 15, 2012, simultaneously with the delivery of the instant land and buildings from the Plaintiff.

The defendant confirmed that the plaintiff is the owner of the same mountain (hereinafter referred to as "the movable in this case") that does not fit the above building, such as TV, cooling, computer and electronic equipment, table, chairs, lusation, tent-type air-conditioning, mobile air-conditioning, air-conditioning, kitchen cooking equipment, signboard, dumwale, sound apparatus, etc. of the building in this case, and raised no objection against the plaintiff's disposal of the above movable property.

C. On December 18, 2012, the Plaintiff and the Defendant agreed to the effect that “The Plaintiff shall sell the instant movable property to a new lessee, but if the new lessee and the sale agreement are not reached, the said movable property shall be removed from the instant building within two days. In the event that the Plaintiff did not remove the said movable property within two days, the Plaintiff waived its ownership, and that the Defendant shall not raise an objection even if it did not object to the disposition, such as sale, disposal, etc. (hereinafter “instant agreement”).

The Defendant shall lease the instant building to D on July 13, 2013, KRW 50,00,000, monthly rent 4,500,000, and monthly rent 12, and the period from August 12, 2013 to August 12, 2016, respectively, on condition that the instant building is leased to D, and KRW 5,00,000,00.

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