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(영문) 서울서부지방법원 2017.08.23 2016가단218044
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants are co-owners of the entire second floor (hereinafter “instant target real estate”) among the second floor buildings located in Eunpyeong-gu Seoul Metropolitan Government D (hereinafter “instant building”).

B. On March 4, 2016, the Plaintiff entered into a lease contract between the Defendants with respect to the instant real estate (including KRW 270 million for a contract) and the term of lease from April 2, 2016 to December 30, 2019 (hereinafter “instant lease contract”). On the same day, the Plaintiff paid the Defendants KRW 50 million for the down payment on the same day.

C. On March 7, 2016, between E and E, the Defendants entered into a sales contract with respect to the instant building with KRW 860 million (the contract amount of KRW 280 million, the remainder of KRW 580 million, and the remainder of KRW 580 million). At the time of the said sales contract, the aforementioned sales contract includes a special clause stipulating that E succeeds to the status of the lessor as to the said lessee, including the amount of KRW 150 million for the lease deposit of the four existing tenants of the instant building (the second generation of the second floor and the second generation of the first floor), the sum of the lease deposit of the four existing tenants of the instant building (the second generation of the second floor), and the down payment of KRW 50 million paid by the Plaintiff.

On March 8, 2016, E, the purchaser of the instant building, entered “E,” at the lower end of the instant lease agreement and affixed a seal thereon, stating that “E ratified as stipulated in the said lease agreement.”

E. On March 10, 2016, the purchaser E asked the Plaintiff to cancel the instant lease agreement, and the Plaintiff and the Defendants met at the real estate agent’s office to resolve the issue regarding the rescission of the agreement under the instant lease agreement. The Defendant’s real estate agent presented a letter of performance (Evidence No. 4) and receipt (Evidence No. 5) to the Plaintiff to the effect that the instant lease agreement is rescinded at KRW 60 million.

The Plaintiff notified the defective account number to the Defendants that they would deposit KRW 60 million with the agreement rescission amount under the instant lease agreement.

Since then, the plaintiff.

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