(영문) 서울남부지방법원 2014.12.19 2014가단224657

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(영문) 서울남부지방법원 2014.12.19 2014가단224657

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Case summary

A. The Defendant is a corporation that is engaged in the real estate sale and lease business, and a person who newly constructs and sells a Gu B building (hereinafter “instant building”) during Gyeyang-si.

B. The Defendant sold each unit of the instant building to the buyer and received the following written consent from the buyer.

1) List of Designated Types of Business: 102 units 1, 2, 103 units 2, 2, 101, 102, 201 to 205 units of convenience stores, and real estate, 2, 101, 205 units 2, 2, 205 units 2), agree to designate categories of business in the above heading room, and does not raise any objection thereto.

3) The number of houses which have not been designated as the category of business is not available for sale in the designated category of business. 4) No type of business other than the above designated category of business shall be guaranteed.

5) At the time of transfer and lease to a third party, the above-mentioned designated type of business shall be observed, and in connection with the occurrence of a trade dispute, all of the buyers shall be liable to the seller, and the buyer shall not be subject to any civil or criminal liability. C on May 27, 2010, the Defendant No. 1 B202 of the instant building (hereinafter “the instant premises restaurant”).

(3) On July 9, 2010, the Plaintiff (mutual D Co., Ltd. before and after the change; hereinafter referred to as “Plaintiff,” regardless of whether before and after the change.

) The sales contract between the Defendant and C and the Plaintiff for the sales of the instant cafeteria was transferred to the Plaintiff (hereinafter collectively referred to as “instant sales contract”).

Of the instant sales contract, the parts related to the designation of the type of business are as follows.

o In selling support facilities in lots, the defendant may designate some types of rooms, and in the case of a head office contractor who has not been designated as a type of business, he/she may move into only the designated type of business except the designated type of business.

The defendant designated the No. 104 of the instant building as a coffee shop on March 22, 2011 from the plaintiff.

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