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(영문) 수원지방법원성남지원 2019.03.05 2017가단204642
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3, 4, 5 (including paper numbers), and Eul evidence Nos. 1, 2, 3, and 6, by integrating the whole purport of the pleadings.

On April 22, 2014, the Defendant entered into a contract to purchase 470,000,000 the first floor E (hereinafter referred to as “instant commercial building”) of the Do apartment Subdivision-dong (hereinafter referred to as “instant commercial building”) with C and completed the registration of ownership on April 29, 2014.

B. At the time of the above sale, F was operating the instant commercial building on a leased basis, and the Defendant concluded a lease agreement with F with F on April 29, 2014, stating that “The term of lease is from April 29, 2014 to April 28, 2019, the lease deposit is KRW 50,000,000, monthly rent is KRW 2,000,000.”

C. After that, the Defendant accepted the F’s request that the lessee be changed to the Plaintiff, a spouse, and entered into a lease agreement by changing the lease term to the Plaintiff and the lessee from July 31, 2015 to April 30, 2019, respectively.

(hereinafter “instant lease agreement”) D.

On September 1, 2016, the Plaintiff terminated the instant lease agreement and expressed the Defendant’s intent to transfer its authorized brokerage office to other areas. On October 19, 2016, the Plaintiff entered into a premium agreement (hereinafter “instant premium agreement”) with H on transferring the right to the instant commercial building in KRW 57,000,000 for premiums (hereinafter “the instant premium agreement”).

E. Upon the Plaintiff’s request, the Defendant: (a) drafted a lease agreement with H on October 19, 2016 from November 30, 2016 to November 29, 2018; (b) delivered to H the purport that “The right of lease may be guaranteed only within the remainder of the instant lease agreement, according to the initial agreement with the Plaintiff; and (c) H did not accept the said condition.

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