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1. The Defendant: (a) KRW 29,400,000 for the Plaintiff and 5% per annum from January 27, 2017 to May 30, 2018; and (b).
Reasons
1. Facts of recognition;
A. The Defendant was the owner of each real estate indicated in the separate sheet (hereinafter “instant real estate”) adjacent to the land in Kim Jong-si, a co-owned share holder, and completed the registration of ownership transfer on November 25, 2016 under the name of the Defendant’s spouse as to the instant real estate.
B. From 2006, the Plaintiff has continuously filed a civil petition in relation to the use of the retirement visa on the instant real estate by the Defendant.
C. On November 29, 2011, the Plaintiff and the Defendant around November 29, 201, “1. B (the Defendant) shall remove the internal facilities within the instant real estate and shall not thereafter remove livestock and livestock excreta. In the event of nonperformance of the above contents, KRW 10 million shall be paid to A (the Plaintiff) at the time of discovery of each non-performance. The application period shall apply from one month after the completion of the building newly constructed in E and shall be added once every more than seven days, respectively. 5. The term of validity of this Agreement shall be until 2030.”
A) A building was completed on land E around that time. D. However, on November 25, 2016, the Defendant: (a) completed the registration of ownership transfer under D’s name as described in paragraph (a); (b) raised livestock to a compost extended on the instant real estate from December 8, 2016 to January 26, 2017, in violation of the instant agreement; and (c) filled livestock excreta. [Grounds for recognition] There is no dispute over the existence of dispute; (d) Party A 1, 2, 4, 8, 9 evidence (including the serial number; (d) the testimony of the witness F; and (e) the purport of the entire pleadings.
2. Determination:
A. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the Defendant claimed 70 million won for penalty based on the instant agreement to the Plaintiff (i.e., 10 million won x 7 weeks) and 50 million won, which was initially claimed by the instant complaint, from January 27, 2017, and from March 30, 2018, the following day after the delivery of a copy of the instant complaint.