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Reasons
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(영문) 인천지방법원 2017.06.13 2016가합57600
손해배상(기)
Text

1. The defendant shall be the plaintiff.

A. From the Plaintiff, Nos. 102-3, 102-4, and 102-5 of the ground level of the building of the building of the building of the Nam-gu Incheon Metropolitan City.

Reasons

1. Basic facts

A. 1) The Plaintiff, the Defendant, and the Hanhwa Construction Co., Ltd. (hereinafter “Korean currency construction”)

(2) The building of Nam-gu, Incheon (hereinafter referred to as the “instant shopping mall”) owned by Hanhwa Construction.

(C) Nos. 102-3, 102-4, and 102-5 (hereinafter referred to as “instant store”) of the first floor;

As to the following, the instant lease agreement (hereinafter “instant lease agreement”) is stipulated as follows, and the lease agreement prepared at the time of the instant lease agreement is “instant lease agreement”.

A) The lease agreement term was concluded. From July 5, 2015 to July 4, 2020, five years (60 months from the date of commencement of business) from July 5, 2015 (the date of commencement of business: September 2, 2015); (102-3, 102-4, total amount of KRW 102-5 (Won80,000,000); (10%) payment time of KRW 80,000 (Won 8,00,000); and (2) the remainder of KRW 90,000 (Won 72,00,000,000); and (3) the lease agreement was concluded between the parties on July 6, 2015 and October 15, 2015 (excluding value-added tax); and (4) the lease agreement was concluded between the parties on July 14 and 16, 2015 (the parties on July 15, 2015).

2. The Defendant (hereinafter referred to as the “Buyer”);

3. Full text of the Plaintiff (hereinafter “Lessee”)

D. The buyer automatically succeeds to the lessor’s status of the instant real estate from the lessor when the buyer becomes subject to the transfer of ownership of the instant real estate from the lessor upon the termination of the transaction according to the instant contract.

Article 23 (Other) (1) A lessor shall, in advance, determine whether he/she rents a same type of business in consultation with a lessee.

2) On June 26, 2015, the Plaintiff deposited the down payment of KRW 8 million and the remainder of KRW 72 million on June 30, 2015 into the account in the name of Hanhan Construction in the name of Hanhan Construction, respectively. As such, the Plaintiff’s deposit of KRW 80 million in total of the deposit deposit for the instant lease agreement (hereinafter “the instant deposit”).

A. The payment was made to the store of this case.

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