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(영문) 광주지방법원목포지원 2016.12.21 2016가단859
손해배상(기)
Text

1. The Plaintiff, Defendant B, as well as KRW 1,476,712 for the Plaintiff, and Defendant D, as from November 3, 2015, and Defendant D, as well as KRW 1,041,095.

Reasons

1. Basic facts

A. The Plaintiff: (a) sold the instant building to H on August 22, 2002; (b) on October 8, 2007, the Plaintiff sold the instant building to H, with reference to each owner of the instant building, E, G Land Building (hereinafter referred to as “the instant building”) and the instant building, E, G Land Building (hereinafter referred to as “the instant building”) and F Land Site Building (hereinafter referred to as “the instant building”) located within the territory of the Republic of Korea, Chungcheongnam-gun, Yan-gun, E, 311 square meters, F 1,81 square meters, and G 2,294 square meters (hereinafter referred to as “each of the instant land”); and (c) on January 26, 2012, H sold the instant building to I.

Defendant C is the mother of Defendant D.

B. On January 1, 2007, the Plaintiff entered into a contract for the lease to Defendant B (hereinafter referred to as “instant lease contract”) with approximately 10 square meters among Defendant B, E, and G land and approximately 30 square meters (a total of these combineds) of the instant building No. 1 (hereinafter referred to as “instant building No. 1”) with the term fixed at KRW 1 year, annual rent of KRW 3,000,000, and entered into a contract for the lease to the Defendant B (hereinafter referred to as “the instant first lease contract”). After the term stipulated in the first lease contract, the Plaintiff stated that “the entire land shall be immediately removed at any time when it is demanded for sale.”

C. On the other hand, on November 27, 2014, when Defendant B was notified of the sale of the facilities (building, etc.) leased by Defendant B, he promised to receive refund of the prepaid rental fee and withdraw the prepaid rental fee within 30 days, respectively. Plaintiff Ha (hereinafter “Plaintiff Ha”) was written, and Defendant B’s seal was affixed.

In addition, as of January 29, 2013, and Defendant D possessed the building of this case as of the date of the possession of the building of this case. The above real estate is waived at the time of sale and purchase or auction of real estate. The waiver of the right of possession (hereinafter referred to as "the waiver of the right of possession of this case") was written by Defendant D and the Plaintiff, and the seal of the Plaintiff and Defendant D affixed respectively.

(e).

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