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(영문) 서울서부지방법원 2019.09.04 2018가단226940
임대료 등 청구의 소
Text

1. As to the Plaintiff A’s KRW 54,319,020, and KRW 41,571,490 and each of the said money, the Defendant shall start from April 30, 2019 to April 2019.

Reasons

1. Facts of recognition;

A. On June 25, 2015, the representative D entered into a contract with E to transfer 50% of the shares in his/her representative authority to E.

Since then, E was in the position of planning director of the F Hospital of the Defendant Foundation, and was promoting the establishment of additional hospitals of the Defendant Foundation in the Sungdong-si (Seodong) City.

B. On November 18, 2015, the Defendant, on his behalf, entered into a contract on sales agency for the 8 units of underground floor, 14 units of ground floor, 14 units of ground floor, 2 units of 9 units of 4th underground floor, on the premise that the Defendant’s hospital located in the five units of 5 units on the ground and 9 units of 1st floor above the above building (hereinafter “I”), and on the premise that the Defendant’s hospital located in the entire units of 9 units of 1st floor above the above building.

C. On April 12, 2016, I completed the registration of initial ownership in relation to the instant building, and E concluded, on behalf of the Defendant, J-B and the Hospital Medical Service Agreement on May 25, 2016.

2016. 8. 24. 피고의 웹사이트에는 “K센터 오픈 준비 중”이라는 내용이, 그 이후에는 “K센터 10월 오픈!”이라는 내용이 각 게재되었다.

E. The Defendant filed an application for the amendment of the articles of incorporation with the Ministry of Employment and Labor for the relocation of a branch office, but the Minister of Employment and Labor, on December 23, 2016, rejected the application for the amendment of the above articles of incorporation on the ground of the opinion of the “non-performance of the operation of a medical institution on

F. On February 16, 2017, the Defendant, as seen above, agreed to cancel the agreement on the transfer of shares in the instant building on June 25, 2015 and to settle the rights and obligations accordingly.

G. E’s behalf for the Defendant under a sales agency contract with I on November 18, 2015, under which the Plaintiff and the Plaintiff purchased the second floor L of the instant building on several occasions during the lease period “20 years from the date of delivery of real estate (the date of completion of the building)” and the lease deposit amount of KRW 24 million.

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