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(영문) 대구지방법원김천지원 2019.11.15 2018가합15911
약정금
Text

1. Defendant B’s KRW 100,000,000 as well as 15% per annum from December 15, 2018 to May 31, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as a lessee who operated a eart club on the first underground floor of the Guro-si D Tourist Hotel (hereinafter “instant hotel”), was opening the clothing shop “G” (hereinafter “instant store”) by creating a narrow air space between neighboring buildings in front of parking buildings from 2010 to 2010.

B. On January 19, 2012, Nonparty H applied for a voluntary auction on the instant hotel site and building, and Nonparty I was jointly awarded a successful bid on February 26, 2013 by Nonparty H and Nonparty I.

H and I received an order of delivery from the Daegu District Court Kimcheon Branch on March 20, 2013 to the part occupied by the plaintiff (J).

C. Defendant B intended to purchase the hotel site and buildings of this case from H and I and to implement the remodeling work of the hotel of this case.

Defendant B agreed to pay KRW 100,000,000 to the Plaintiff by July 30, 2013, between the Plaintiff and the Plaintiff on June 7, 2013.

On September 18, 2015, Nonparty K Co., Ltd. completed the registration of ownership transfer based on sale on August 3, 2015 with respect to the hotel site and building of this case.

E. Around August 2015, Nonparty L entered into a contract with the I’s agent M for the removal of the instant building for the purpose of remodeling the instant building.

F. On March 2017, Non-Party N Co., Ltd., which was operated by Non-Party N, was awarded a contract for the instant building remodeling construction from K Co., Ltd.

G. Around July 25, 2017, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) concluded a contract with K Co., Ltd to undertake the instant building remodeling construction, and removed the instant store in the process.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 through 8 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, witness M, L testimony, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

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