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(영문) 창원지방법원 2020.11.18 2020가단100508
약정금
Text

The defendant shall set forth 86,00,000 won to the plaintiff and 12% per annum from March 1, 2020 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the testimony of the witness Gap 1, 3, 4, 7, and 9, the plaintiff ordered the construction contract to the non-party D for the construction of housing on March 6, 1992 on the land listed in the separate sheet (hereinafter "land of this case"), which is owned by the plaintiff, and D received a total of KRW 30,000,000 from the plaintiff as the construction price, and completed almost all the construction of the new building, but has been arbitrarily suspended in the unbuilt state (hereinafter "the building of this case"). The building of this case was occupied without permission, but it was possible for the defendant to move into the building from around 202 to the present date except for electrical construction, and the defendant requested the defendant to leave the land of this case and the building of this case from around February 2, 2014 to April 4, 2014, and the defendant did not perform the contract of this case by 00 to 200 minutes retroactively (hereinafter "the agreement of this case").

2. According to the above facts of recognition, the defendant is obligated to deliver or order the land and buildings of this case being illegally occupied without the right to occupy the plaintiff, and pay 86,400,000 won to the plaintiff out of 18 years usage fees from February 2, 2002 to February 2, 2020, pursuant to the agreement of this case.

In regard to this, the defendant is arguing to the effect that he/she has a right to possess since he/she agreed and resided in 12,00,000 won as a lease deposit by E, a construction business operator, and he/she is entitled to possess it. However, E is not a legitimate lease right holder, but a legitimate lease right holder is not a representative

3. Thus, the defendant is based on the ratio of 86,00,000 won to the plaintiff and 12% per annum from March 1, 2020 to the date of full payment due to the non-performance of the contract in this case.

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