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(영문) 서울중앙지방법원 2017.02.08 2016가합515600
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. Defendant B is a contractor and contractor who newly constructed a building listed in the attached list in Gangnam-gu Seoul (hereinafter referred to as “instant building”) in Gangnam-gu, and Defendant Dongbook is an executor who newly constructed the instant building, and Defendant C is working as a director in Defendant B.

B. On April 19, 2013, F entered into a contract for sale in lots (hereinafter “instant contract for sale in lots”) of 114 units on the 1st floor (31.82m2m2, hereinafter “instant 114m2”) among the instant building with the Grand Trust Co., Ltd., Defendant B, and Dong Book, and the upper end of the contract for sale in lots (hereinafter “instant contract for sale in lots”). The above contract for sale in lots states that “this number shall not be traded or leased as zero, tobacco ticket, and convenience store business,” and Article 19(2) of the above contract for sale in lots states that “The purchaser shall not engage in business by changing the type of business to the designated type of real estate, horse, and financial institution during the ownership period, and even if ownership is transferred in the future, it shall not be publicly announced to the buyer as a designated type of business occupant.”

C. On July 19, 2013, the Plaintiff succeeded to the rights and obligations of the instant 114 store from F. On May 26, 2014, the Plaintiff completed the registration of ownership transfer for the instant 114 store under the name of the Plaintiff, and operates the “G Licensed Real Estate Agent Office” at the instant 114 store from April 30, 2014.

With respect to the store No. 105 of this case, the registration of ownership transfer was completed in the name of Defendant B on September 4, 2014, and the name of Defendant C on April 24, 2015.

E. On April 23, 2014, Defendant B entered into a lease agreement with Defendant D on the instant store No. 105 on behalf of Defendant C, and thereafter, Defendant C concluded a lease agreement with Defendant D on April 25, 2015.

F. Defendant D operates the “H Licensed Real Estate Agent Office” at the store No. 105 of this case.

[Ground of recognition] There is no dispute.

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