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(영문) 서울중앙지방법원 2015.08.11 2014가단222525

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant newly constructed a new house and caused damage not to restore the house owned by the plaintiff to its original state with ① rupture of the outer wall and fence, ② 20 square meters of the entrance of the parking lot, and the cost of restoring the damage is required in accordance with the estimate. The defendant's husband, who is the defendant's husband, agreed to pay the plaintiff the cost of restoring the house to its original state on May 26, 2014, and thus, the defendant is obligated to pay the plaintiff KRW 1,327,00,000 to the plaintiff.

2. In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 5, and No. 11, the defendant's husband C newly constructed a "D (land owned by the defendant)" under the title of the agreement to the plaintiff

2. A permit to use the land (parking lot) in the next E (Plaintiff-owned land) and shall be used to ensure that the tenants do not have any inconvenience;

Under the condition that the use of a parking lot is permitted, roof waterproof and roof construction at the time of roof construction among new buildings, shall be same as the same, and the outer wall construction at the time of the construction of the outer wall of a new building shall also be committed simultaneously.

If the promise after construction is not observed, it shall be paid based on a quotation for roof waterproof and roof construction outer wall costs, and the land shall be arranged in a clean manner after use.

“The fact that a document is prepared is recognized, but it is difficult for the person who prepared the above written agreement to be prepared on behalf of the defendant to be the defendant’s husband, the content of the above written agreement does not include the methods of solving damage incurred by construction of new buildings, the part to be paid based on a quotation is limited to the expenses for roof waterproof and roof construction and outer wall construction, and the land is also stated as “to be arranged in a clean manner.” In full view of the fact that there is no specific content of the agreement, the above fact of recognition alone is alone.