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(영문) 서울중앙지방법원 2015.01.29 2014가합559033
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 December 28, 2009, the Defendant: (a) from D (hereinafter “D”) on December 28, 2009, leased the real estate of KRW 36.2 million monthly rent; (b) from January 1, 2010 to December 31, 2012, the Defendant set the instant real estate rental fee of KRW 36.24,24 (hereinafter “instant real estate”). The Defendant operated the instant wedding hall in the name of “G” (hereinafter “instant wedding hall”).

B. On March 4, 2010, the Defendant transferred to the Plaintiff and H all the rights to the instant wedding hall (hereinafter “instant transfer contract”) including the right to lease on the instant real estate at KRW 1.8 billion (hereinafter “instant transfer contract”).

C. D filed a complaint against the Defendant (C) on March 16, 2010 with the Seoul Central District Court No. 2010Da548.

On May 24, 2010, D and the defendant's side made a lawsuit telephone call with the following contents (hereinafter "the lawsuit telephone of this case").

2. C receives, and redeem, the balance remaining after deducting the money under paragraph 3 below in relation to the instant real estate from D, and orders, as a result, to D the instant real estate by December 31, 2012.

3. C shall pay D all taxes and public charges, such as rents, electricity charges, water supply and sewerage charges, gas charges, etc., incurred from January 1, 2010 to the completion date of delivery of the real estate in this case, by the 30th day of each month.

4. Where C delays the payment of the amount described in paragraph 3, changes the use, structure, etc. of the instant real estate without D’s consent, or transfers or subleases the right of lease to another person, C shall lose the benefit of time and immediately deliver D the instant real estate.

From March 4, 2010 to September 10, 2010, the Plaintiff paid a total of KRW 1.8 billion to the Defendant several times, and on August 17, 2010, the Plaintiff acquired all rights to the instant transfer contract from H, a joint transferee, to whom he/she was the joint transferee.

In addition, the Plaintiff received the instant real estate from the Defendant and operated G.

The Plaintiff.

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