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(영문) 인천지방법원부천지원 2014.09.04 2014가합1217
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. On June 10, 2009, the Defendant entered into a lease contract between the Defendant and Daero Co., Ltd. with respect to the lease deposit amount of KRW 150 million from Daero Co., Ltd. (hereinafter “B”) as to the third floor of KRW 1,156.22 square meters and fourth floor of KRW 1,156.22 square meters (hereinafter “the instant building”) among the real estate listed in the attached Table (hereinafter “instant building”) and KRW 3,156.22 square meters (hereinafter “the instant object”). On June 10, 2009, the Defendant established and operated a sanatorium for the elderly under a trade name “B” at the same time.

B. On December 31, 2010, Daesung Co., Ltd. (hereinafter “Masung”) entered into a lease agreement between the Defendant and Daesung Co., Ltd. (hereinafter “Masung”).

(2) On June 11, 2011, the Defendant entered into a new lease agreement on the subject matter of this case between large-scale and large-scale and large-scale and large-scale and large-scale and large-scale, the registration of ownership transfer based on the sale of the subject matter of this case was completed. Accordingly, on June 11, 201, the Defendant concluded a new lease agreement between large-scale and large-scale and large-scale and large-scale and large-scale, the terms of the lease deposit amount of KRW 150 million, monthly rent of KRW 185 million, and the lease period of KRW 11,60,000,000 from June 111, 201, and the total lease period of this case was set as a guarantee for at least five years from the first contract date ( June 10, 2009) including the contract period of this case

After that, on May 31, 2013, the above lease agreement was explicitly renewed, and on May 31, 2013, the last lease agreement was made between the defendant and the opposite party with the content of KRW 150 million, monthly rent of KRW 1924,00,000, and the lease agreement was made for one year from June 11, 2013.

C. On the other hand, on May 31, 2013, the Plaintiff entered into a contract with the Plaintiff to purchase the instant building in the amount of KRW 13 billion, and entered into the same day as the down payment.

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