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(영문) 서울북부지방법원 2016.07.14 2014가합486
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Danam-si Co., Ltd. newly constructed a 528-dong apartment building in Kimpo-si, Kimpo-si, and on May 6, 2010, it sold the building collectively to the Defendant.

B. The Defendant is between C and a stock company on April 14, 2011.

The sales agency service contract was concluded for unsold commercial buildings in the port.

C. C’s representative director D on June 20, 201.

Of the stores listed in the port, 102, 112, and 113 (hereinafter “instant commercial buildings”) were sold in lots. D.

(1) On July 27, 201, the Plaintiff entered into a sales contract with D to purchase the instant commercial building at KRW 720 million (hereinafter “instant sales contract”). The Plaintiff agreed to pay KRW 100 million for intermediate payment at KRW 150 million on July 29, 201, and the remainder KRW 470 million on August 17, 201.

(2) The Plaintiff and D are the special terms and conditions of the instant sales contract, and D leased the instant commercial building from the Plaintiff to Smarket and convenience stores in the amount of KRW 100,000,000,000,000,000 per month, and at the time, it was owned by the Defendant.

A special agreement was made by the Plaintiff to re-purchase KRW 720 million that the Plaintiff purchased at the time of additional sales within five years in the 108 commercial buildings among the commercial buildings listed in the port (hereinafter “instant 108 commercial buildings”).

(3) According to the terms and conditions of the instant sales contract, D leased the instant commercial building from the Plaintiff KRW 100 million, monthly rent of KRW 4.6 million, and operated convenience stores in the instant commercial building.

E. Meanwhile, around July 201, E et al., occupied the instant commercial building No. 108 and prepared for the Smarket business, and the Plaintiff stated that D cannot pay any balance under the instant sales contract even under the condition that D runs a key business in the 108 commercial building.

F. Upon receipt of D’s request, the Defendant, on August 17, 201, made the Plaintiff the following commitment with respect to the commercial buildings of this case No. 108.

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