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(영문) 서울남부지방법원 2016.06.30 2015가합110073
손해배상(기)
Text

1. Profit margin 100,000,000 won in the lawsuit of this case, and reduced rent by 49,50,000 won in the damages claim amounting to 100,000 won.

Reasons

Basic Facts

On August 20, 2014, the Plaintiffs concluded a sales contract with the Defendant for the purchase of the first floor of 107 and 108 of the Incheon Jung-gu D Building (hereinafter “instant building”) (hereinafter “instant pharmacy”) in the amount of KRW 1,70,000,000, and the said contract included a special agreement stating that “the sale contract shall be made on the condition of confirmation of the internal examination of the third floor (two (two), four (4), four (4), four (4), and part-tourology, and part-tourology” (hereinafter “instant special agreement”).

The Plaintiffs entered into a consulting agreement with E on August 20, 2014 with a consulting fee of KRW 110 million, and agreed to pay the expenses for the subsidization of the expenses for the wards and clinics located in the building of this case with the said money. Around that time, Plaintiff B paid KRW 2 million to E and Plaintiff A paid KRW 18 million respectively.

On August 19, 2014, the Defendant entered into a commercial lease agreement on the fourth floor (401 and 402 of the instant building) with a doctor of F with a doctor of F on August 19, 2014, on the condition that F would operate a woman’s clinic, skin, dental surgery, etc., and on August 26, 2014, the Defendant entered into a sales contract on the third floor (301, 302, and 303 of the instant building on the condition that F would operate a internal medicine (two medical treatment) and a child department (three or more medical treatment).

After that, F cancelled the above lease contract on the fourth floor of the instant building, and F was employed only on the third floor of the instant building and operated a hospital such as internal medicine, pasia, etc.

The Plaintiffs on September 30, 2014.

In the process of completing the registration of ownership transfer with respect to the instant pharmacy by sharing 1/2 each of the instant pharmacies, the Defendant agreed with each of the following contents (hereinafter “instant agreement”), and accordingly, the payment of KRW 100 million out of the remainder was reserved.

Of the sale price, 100 million won among the three-storys, excluding the internal medicine, excluding the internal medicine, fluorists, excluding the internal medicine, fluorium, fluorium, fluorium, fluorium, and fluorium, 2 of the fluorium shall be included within six months from the commencement date of the pharmacy business.

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