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수원지방법원안산지원 2017.12.08 2016가단57383

약정금

Text

1. The Plaintiff:

A. Defendant C shall pay KRW 21,595,823 as well as a rate of KRW 15% per annum from June 28, 2017 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant C and E

A. Claim indication: The Plaintiff completed the registration of ownership transfer under the Plaintiff’s name with respect to Nos. 301, 302, 306, and 308 among the 8-story apartment buildings and H’s neighborhood living facilities located in G (hereinafter “instant building”); Defendant C is running a business by leasing the entire 1st floor of the instant building from November 1, 2013 to the present date; Defendant E completed the registration of ownership transfer with respect to No. 204 of the instant building on July 15, 2014 under the Defendant’s name and completed the registration of ownership transfer on Oct. 7, 2014, and thereafter operates the said building until now. The Defendants agreed to reimburse the Plaintiff for the expenses incurred in the management of common areas of the instant building that the Plaintiff spent from Sept. 1, 2013 to Sept. 14, 2016 on the ground that the total amount of expenses incurred by the Plaintiff is KRW 6814,619,69.

(b) Judgment based on the recommendation of confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to the claim against the Defendant B Educational Association, Co., Ltd. D, F, and the Korea Human Resources Consulting Engineers Association, an incorporated foundation

A. On or before September 2013, the Plaintiff completed the registration of transfer of ownership in the name of each Plaintiff with respect to Nos. 301, 302, 306, and 308 of the instant building. (2) Defendant B church (hereinafter “Defendant church”) completed the registration of transfer of ownership in the name of each Defendant church on April 23, 2010 with respect to Nos. 202, 203, and 208 of the instant building.

3) Defendant D Co., Ltd. (hereinafter “Defendant Company”).

(4) From March 19, 2008, Defendant Incorporated Foundation (hereinafter “Defendant Incorporated Foundation”) completed the registration of ownership transfer on July 17, 2012 with respect to the instant building 209 under the name of Defendant Incorporated Foundation.

5 Defendant F shall be the instant building from November 26, 2014 to January 11, 2016.