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(영문) 인천지방법원 2018.07.27 2017가합61194
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. 1) The Defendant concluded a sales contract with the Plaintiff and the Defendant, etc. 1) The building D located in Nam-gu Incheon Metropolitan City C (hereinafter “instant building”).

(2) On June 15, 201, the Plaintiff concluded a sales contract with the Defendant with regard to the sales price of KRW 1,437,642,00 (= KRW 883,883,60, KRW 553,758,40,00) on the aggregate of the sales price of KRW 1,437,642,00 with regard to the F exclusive use area of the instant building 55.46 square meters and 39.39 square meters among the Defendant.

The facility use column of the above contract for sale in lots is indicated as follows: “A pharmacy, coffee shop, and bakeries are exclusive.”

3) On July 26, 2011, the Plaintiff concluded a sale contract with the Defendant for the sale of KRW 564,407,60 with regard to the sale price of KRW 564,400,00 for the instant building E- 42.9 square meters (hereinafter “instant sale contract”) between the Defendant and the sale contract as of June 15, 201 and the sale contract as of July 26, 201.

(4) The Plaintiff completed the registration of transfer of ownership based on sale on June 15, 201 with respect to the instant building F on the same day, and the registration of transfer of ownership based on sale on July 26, 201 with respect to the said building E, respectively, on the same day, after paying the sales price to the Defendant.

5) On April 12, 2013, the building F of the instant case (94.85 square meters = 55.46 square meters) is combined with the said building E (42.9 square meters) on April 12, 2013, and the contractual area calculated by aggregating the section for exclusive use and the section for common use, as indicated in the attached list, is 250.24 square meters (hereinafter “instant commercial building”).

B. (1) The Plaintiff operated the coffee shop from around July 201 to July 2014 to the instant shopping mall.

2 The Plaintiff leased the instant commercial building to H on July 14, 2014, and H from August 2014 to the date of closing of argument in the instant case.

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