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(영문) 대구지방법원 2019.04.11 2018가단122417
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 2012, the Plaintiff started to operate a restaurant with the owner at the time when a single-story general restaurant of 133.12 square meters located in Daegu Suwon-gu D (hereinafter “instant building”).

B. Defendant B purchased the instant building on September 1, 2015 (the ownership transfer registration was completed on October 8 of the same year), and on October 6 of the same year, concluded a contract with the Plaintiff to lease the instant building up to September 9, 2016.

(2) On August 25, 2016, the Plaintiff concluded a contract to lease the instant building from Defendant B to September 9, 2018 (hereinafter “instant lease contract”).

The Plaintiff and Defendant B stated the terms of the instant lease agreement that “Defendant B reconstructed the instant building and leases it for two years, and the Plaintiff entered into a contract with hearing sufficient explanation.”

(3) On May 24, 2018, the Plaintiff refunded the lease deposit amount of KRW 30 million from Defendant B, and handed over the instant building.

C. On April 7, 2018, Defendant C purchased the instant building from Defendant C and the same year.

5. 31. He shall complete the registration of ownership transfer.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 4, 8, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) On April 11, 2018, the Plaintiff concluded a contract to transfer a restaurant operated in the instant building to KRW 70 million for premium, and requested Defendant B to conclude a lease contract with the transferee of the restaurant.

Defendant B rejected the conclusion of the lease contract with the false statement that the instant building will be reconstructed.

(2) The Plaintiff knew that Defendant B sold the instant building, and requested Defendant C, the buyer, to enter into a lease agreement with the Plaintiff’s restaurant transferee.

Defendant C also.

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