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(영문) 의정부지방법원 2014.07.09 2013가단4043
손해배상(기)
Text

1. The Defendant’s KRW 8,750,000 as well as the annual rate of KRW 5% from May 8, 2014 to July 9, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 16, 2006, the Plaintiff (C) entered into a sales contract with the Defendant to purchase D 175,000,000 square meters for each of the instant land and E miscellaneous land owned by the Defendant (hereinafter “instant sales contract”) and 24 square meters for each of the instant ground reinforced concrete structure 1,00.87 square meters for amusement facilities and 24.24 square meters for amusement facilities of the first floor of the sloping sloping roof, both above ground reinforced concrete structure, as well as 10.87 square meters for amusement facilities and 24.24 square meters for amusement facilities of the first floor (at that time, the Defendant shared shares with F and 1/2; hereinafter “each of the instant land” and “instant building”) (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Defendant leased this part to a third party with permission for an entertainment tavern for the first floor of the instant building. The building was extended to the second floor of the building without permission, and the building was operated in front of the building, a restaurant business report (G) and a restaurant with the trade name “H”. However, the Defendant agreed to transfer the Plaintiff’s right to the entire building, as well as transfer the license for the said entertainment tavern and restaurant.

C. Meanwhile, the above H’s business report is related to the building on the land owned by F, and the Defendant succeeded to the name thereof from F, but the business report should also be terminated upon removal of the building on May 30, 2003. However, the Defendant submitted the business report certificate in the name of F, the former business operator, to the two viewings on November 5, 2003, to the two viewings, and submitted the business report certificate in the name of F, the former business operator, to the two viewings. The Defendant received a business report in the name of the Defendant from a public official in charge who knew of the removal of the building at that time, and installed a temporary building on the land at that time and operated a long restaurant.

Access from the public road to the building of this case is set up at approximately 1.5 meters wide from the above J land (hereinafter “the access road of this case”), and the access road of this case is also set up through the small stairs established on the above K land.

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