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(영문) 서울북부지방법원 2017.02.03 2016가단119967
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. Facts of recognition;

A. On October 19, 2015, the Plaintiff, a licensed real estate agent of Defendant C, to purchase the Eunpyeong-gu Seoul Metropolitan Government D apartment 701 and 103th floor 103 (hereinafter “instant commercial building”) owned by Defendant B, for the purchase price of KRW 392 million. The down payment of KRW 40 million shall be paid on the date of the contract, and the remainder of KRW 352 million shall be paid on November 4, 2015, and the deposit deposit for the existing lessee operating in the instant commercial building shall be paid at KRW 50 million on the date of November 4, 2015. The Plaintiff decided to substitute the Plaintiff’s succession for the payment of the purchase price.

(hereinafter “instant sales contract”). B.

The lessee E of the commercial building of this case was operating the “FAD”) by leasing the commercial building of this case for several years. However, the progress of the lease agreement between the Defendant B and the lessee, who was the lessor, is as follows.

① The terms and conditions of the lease agreement as of July 21, 2010 were KRW 50 million, the term of the lease (from September 1, 2010 to September 1, 2012), two years, and the monthly rent of KRW 2 million. ② The terms and conditions of the lease agreement as of September 7, 2012 were KRW 50 million, the term of the lease (from September 1, 2012 to August 31, 2014) two years, the monthly rent of KRW 1,975,00 (Additional Tax), and KRW 05,00,00, the term of the lease agreement was extended to KRW 50,00,000, KRW 15,000, KRW 15,000, KRW 200,000, KRW 15,000, KRW 105,000,000, KRW 15,71,205,000.

C. After concluding the instant sales contract on November 6, 2015, the Plaintiff newly prepared a lease agreement on the instant commercial building in which a lessor was changed to a Plaintiff between the lessee E and the lessee. The contract is KRW 50 million, the lease period of one year (from September 1, 2015 to August 31, 2016) and month.

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