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(영문) 서울서부지방법원 2018.02.09 2016가단218020

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On September 4, 2000, the Plaintiffs concluded a lease agreement with the Defendant on the following terms while leasing the Seongbuk-gu Seoul Metropolitan Government D 1,716 square meters (hereinafter “instant land”) owned by the Defendant:

(hereinafter “instant lease agreement”). Article 2 (Lease Deposit) Lease Deposit of KRW 400,000,000 (Lease Rent) Article 3 (Lease Rent) Lease Term of KRW 7,000,000 (Lease Lease Term) shall be eight years from the date of opening of the Plaintiffs’ supermarkets to be constructed on the instant land.

Article 6 (Provisions on New Construction, etc. of Building) Construction of a building shall be registered in the name of the plaintiffs, and a sales contract shall be registered in the name of the plaintiffs at the same time as the preservation of ownership.

At the same time with the provisional registration of a building, the plaintiffs have adopted a protocol of compromise against provisional registration to the defendant.

After the expiration of the term of lease, the ownership of the building owned by the plaintiffs shall be transferred to the defendant without compensation, such as the contents of provisional registration and reconciliation protocol.

B. The Plaintiffs newly built neighborhood living facilities of the second floor size on the instant land (hereinafter “instant building”) and installed electric input facilities, external transformation facilities, and electric lighting facilities for the operation of the discount boat.

C. On December 26, 2000, the Plaintiffs completed the registration of ownership preservation with respect to the instant building as one-half shares, and on the same day, completed the registration of ownership transfer claim to the Defendant.

The Plaintiffs jointly operated discount sets on the instant building, and around October 2008, the expiration of the instant lease agreement period ( November 30, 2008) was imminent, and the instant land and building is expected to be included in the E-project site. As such, the Plaintiffs agreed on October 22, 2008 to extend the instant lease period to the Defendant and the instant building by the commencement date of the public announcement of the transfer of the instant land due to E project.

E. The F Housing Redevelopment Project Association (hereinafter referred to as the “F Redevelopment Association”) shall be Seoul Seongbuk-gu G.