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(영문) 서울서부지방법원 2018.07.12 2017나38857
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim, including the extended part in this court, is dismissed.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff operates the “F Licensed Real Estate Agent Office” in Yongsan-gu Seoul Metropolitan Government, and the deceased B (the deceased’s death on January 1, 2018, hereinafter referred to as “the deceased”) is the owner of the fourth multi-household residential unit (four households) building located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Defendants inherited the deceased’s respective share of 1/2 as the deceased’s own consciousness.

B. Around the end of April 2015, the Plaintiff and the Deceased agreed that the first floor and the second floor of the instant building (which appears to be the first floor and the second floor in light of the current situation) shall be changed from a house to a commercial building, and shall be repaired and leased to a commercial building. However, when the Plaintiff completes construction with the cost of construction, the Defendant agreed that the Plaintiff may receive the floor premium (the floor premium) from the exclusive intermediary authority and the lessee in return for the completion of the construction.

(hereinafter referred to as “instant agreement.” On the other hand, the Plaintiff paid KRW 10 million to the Deceased on April 27, 2015, the business example of the instant agreement.

(hereinafter referred to as “the instant case 10 million won”). C.

Upon the Plaintiff’s request, H completed the construction of the instant building. On August 24, 2015, the Plaintiff arranged a lease agreement of KRW 20 million, monthly rent of KRW 1.5 million to I, his/her his/her his/her father, as to the first floor of the instant building. On July 17, 2017, the Plaintiff again arranged a lease agreement of KRW 20 million, monthly rent of KRW 1.8 million to J on July 17, 2017. As to the first floor of the instant building, the Plaintiff arranged a lease agreement of KRW 20 million, monthly rent of KRW 1.8 million to K and L on June 25, 2016.

The Plaintiff received KRW 28 million from J, and KRW 23 million from K and L, respectively, as the starting premium under the above lease agreement.

Since then, the Deceased did construction on the second to fourth floor of the instant building, and the second floor transferred the uniforms operated by the Deceased to another building and used the business, and the third and fourth floors leased without the involvement of the Plaintiff.

[Reasons for Recognition]

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