logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2017.10.17 2016가단8721
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 17, 2002, the Defendant drafted a written consent to the use of the building that “A (name of the Defendant) obtained a building permit (E) to newly construct Class I neighborhood living facilities (office, chief prosecutor) from the representative director D of the Co., Ltd. (hereinafter “C”) on October 14, 2002, and that “A representative director D consents to the use of the building.”

B. On March 1, 2003, the Defendant entered into a lease agreement with C, under the Plaintiff’s joint and several sureties, with the following terms: (a) as to the whole of the buildings and structures to be newly constructed or constructed on the above ground, the Fluan City Fluan City (hereinafter “instant land”) and the building and structures to be newly constructed or constructed on the above ground, the lease agreement was entered into between KRW 25,00,000,000, monthly rent 2,000,000, and the lease term from March 1, 2003 to February 28, 2008 (hereinafter “instant lease agreement”).

Article VISpecial Agreement

1. Eul (C) (hereinafter referred to as "C") shall construct a new building on the target land at the expense of Eul, give its ownership to Gap (the defendant referred to as the defendant) and use it within the term of the lease and order its eviction.

2. The expenses for the construction of the above building B (the expenses for removal of the existing building, director expenses, construction costs, electricity, water supply, installation for new construction, damage compensation, etc.) and the rights at the time of eviction, etc. shall not be claimed against A in any case, such as the cancellation of the termination thereof and the cancellation thereof, etc., due to the reasons

3. If a civil or criminal problem arises with respect to construction costs, accidents, etc. in connection with the construction of a new building, Eul shall cease the construction, waive all rights, transfer them to Gap, and withdraw this contract.

4.All obligations owed to any third party arising in connection with the new construction shall be borne by them even after the new construction, underground or completed.

Article VII:C. S.C. participation in the contract in order to guarantee the implementation of this Agreement, and C. B.D. will perform this Agreement.

arrow