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(영문) 의정부지방법원 2019.01.25 2018가합54927

약정금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a free lease of the said KRW 3,209 square meters from November 3, 201 to December 31, 201 (hereinafter “instant lease agreement”).

In the instant lease agreement, the Plaintiff agreed to construct one building on the ground of the above land under its name, use it for the purpose of agriculture, livestock industry, food industry, and food industry, and, at the same time as the contract expires, order the Defendant free of charge and not demand any premium.

B. On February 1, 2012, the said land was divided into KRW 2,990 square meters and KRW 219 square meters prior to D, Gangwon-gun, Gangwon-gun, and on May 27, 2013, the land category of the land of Gangwon-gun C (hereinafter “instant land”) was changed into building site.

C. On March 6, 2011, the Plaintiff newly built a 595.48 square meters of the first floor, the first floor of the ordinary steel structure, the first floor of the Gagdong-gu Busan Metropolitan City, and the second floor of the Gagdong-gu, Busan Metropolitan City (hereinafter “instant building”) on the instant land after obtaining permission for the new construction of a retail store (agricultural store, the first class neighborhood living facilities), which is a natural green area, from the head of the steel headquarters. On May 24, 201, the Plaintiff completed the registration of preservation of ownership in the name of the Plaintiff as to the instant building on May 24, 2013, and operated a restaurant, “E” on the instant land after obtaining permission for the change on April 18, 2013.

After that, on July 2, 2015, F acquired the instant building after the compulsory auction procedure was in progress on the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and 6 evidence (including additional evidence) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant’s spouse G on behalf of the Defendant, who is a primary claim, develops the instant land at the expense of the Plaintiff, and newly constructs and uses the building on its ground between H and H on behalf of the Plaintiff, but the development costs are later the Defendant, including the instant land.