(영문) 창원지방법원 2015.11.24 2015가단7674

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(영문) 창원지방법원 2015.11.24 2015가단7674

보상금 등

Text

1. The plaintiff's lawsuit against the defendant B Urban Development Project Association shall be dismissed.

2. The defendant between the plaintiff and the defendant C.

Reasons

1. The following facts may be acknowledged in the absence of dispute between the parties, or in full view of the purport of the entire pleadings on the entries or videos of Gap 1 through 4.

On March 3, 2010, the Plaintiff: (a) the lessee of the instant house and its ground steel framed facilities (hereinafter referred to as “instant house facilities”; and (b) the Plaintiff, from Defendant C, the lessee of the instant house (hereinafter referred to as “instant house site”); (c) the lessee of the instant house facilities and its site shall be KRW 3 million per month; (d) the period from April 1, 2010 to March 30, 2012; and (e) the period from April 1, 2010 to March 30, 2012, the Plaintiff leased the instant house with Defendant C; and (e) the period from April 1, 2010 to March 30, 2012, if the site of the instant house is developed prior to the expiration of the instant house period, the sub-lease contract is terminated immediately; and (e) compensation for the “house facilities” to the Defendant C, the sub-lease, as a sub-lease, shall be deemed to have reverted to the Plaintiff.

B. Thereafter, around June 16, 2010, the Plaintiff: (a) ordered construction business operators E to perform the sales panel construction of the instant subordinate facility; (b) completed the said construction work on June 22, 2010; and (c) used the instant subordinate facility as the senior exhibition officer.

C. Meanwhile, as the Defendant Cooperative, as an implementer of an urban development project B in Kimhae-si, was incorporated into the project site, it deposited KRW 35,160,320, and the amount of compensation for the panel part among the instant resort facilities from May 1, 2015 to July 20, 2015, and damages for delay calculated at the rate of 20% per annum from May 1, 2015, the day following the delivery date of a copy of the instant complaint, which is the date of deposit, to July 20, 2015, the Defendant Cooperative deposited KRW 36,716,596, and compensation for other facilities, including KRW 10,432,30, 430, and KRW 47,148,926, and deposited the deposited person as the Plaintiff or the Defendant C.

The sum of compensation and damages for delay for the panel part among the bar facilities of this case shall be 36,716.

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