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(영문) 대구지방법원 2018.05.17 2017가단128555
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 November 25, 2005, the Plaintiff entered into a lease contract with the Defendant, setting the lease deposit amount of KRW 15,000,000,000, and KRW 500,000,00,000, out of part of 1st floor among the building on land (hereinafter “instant land and building”) of Daegu Suwon-gu Suwon-gu Seoul Metropolitan Government Da-gu 436 square meters (hereinafter “instant building”).

B. On November 4, 2013, the Plaintiff and the Defendant concluded a lease renewal contract with a rental deposit of KRW 15,000,000 and the lease term of KRW 15,000 from November 25, 2013 to November 24, 2015.

(hereinafter “instant lease agreement”). C.

1) On July 20, 2015, the Plaintiff was scheduled to sell the instant store to the Defendant after the expiration of the lease term, and thus, it was impossible to renew the instant lease contract. As such, the Plaintiff notified the Plaintiff of the refusal to renew the contract to deliver the instant store at the expiration of the lease term. (2) On September 16, 2015, the Plaintiff entered into a sales contract with the Plaintiff to sell the instant land and buildings to the large-scale Construction Co., Ltd., and agreed on the delivery date until December 30, 2015.

3 On November 17, 2015, the Plaintiff notified the Defendant that the instant store will be delivered at the time when the lease term expires. D.

On August 9, 2016, the Plaintiff filed a lawsuit against the Defendant seeking the delivery of the instant store as Daegu District Court 2015Kadan129004, and received the judgment of winning the Plaintiff. The Defendant appealed against this and appealed as the Daegu District Court 2016Na308164, and on June 15, 2017, the Plaintiff was sentenced to a partial favorable judgment of the Plaintiff that “the Defendant received the remainder of money calculated by deducting the amount calculated from the Plaintiff, 15 million won from the 15,000,000 to the 1,300,000 won from the 15,000 won from the 15,000 won from the 16th day of September 26, 2016 to the date of delivery of the instant store, and simultaneously deliver the said store to the Plaintiff.”

The defendant is dissatisfied with the above appellate court's ruling and is again Supreme Court.

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