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(영문) 광주지방법원 2015.09.10 2014가합58384
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. The Plaintiff is the owner of 1484 square meters prior to Gwangju Northern-gu, Gwangju (hereinafter “instant real estate”), and D Co., Ltd. (hereinafter “D”) leased the instant real estate from the Plaintiff around 1997 to build a car maintenance plant, which is a temporary building on the ground, and is engaged in automobile maintenance business until now. The Defendant is the representative director of D.

B. On November 18, 2002, the Plaintiff and D reached a settlement prior to the filing of the suit that “If D wishes to purchase the instant real estate, D will sell D the instant real estate to D with the highest market price.”

C. Around 2012, D filed a lawsuit against the Plaintiff for the implementation of the procedure for ownership transfer registration of the instant real estate following the settlement prior to the filing of the lawsuit (Seoul District Court 2012Gahap8941). At the appellate court, D was sentenced to the judgment that “the Plaintiff shall receive KRW 1,320,760,000 from D, and at the same time, D shall implement the procedure for ownership transfer registration for the instant real estate on September 14, 2012,” and the said judgment became final and conclusive around that time.

The plaintiff and D are above D.

Notwithstanding the judgment of subsection (1), the Plaintiff and the Defendant agreed to sell and purchase the instant real estate on March 7, 2014, without any sale and purchase of the instant real estate, as follows:

(hereinafter referred to as the “instant agreement”). 1. Temporary buildings on the instant real estate surface may be voluntarily removed so that the Plaintiff may not interfere with the construction of a new building.

2. At the Plaintiff’s expense, a new automobile maintenance factory in the name of the Plaintiff is built on the ground of the instant real estate.

3. New construction of a new building under mutual cooperation, and new building shall be leased for use as an automobile maintenance factory, and the lease contract term shall be five years.

4. It shall determine monthly rent after the vehicle, taking into account the existing rent of KRW 6,00,000 per month.

E. On April 24, 2014, the Plaintiff is a superior to the Gwangju North-gu Office.

temporary. of paragraph 1.

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