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(영문) 대구지방법원 2017.11.23 2016가합3977
약정금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Plaintiff’s assertion

From March 1984, the Plaintiff leased 2 and 3 stories of the Daegu Jung-gu E Ground Building (hereinafter “instant building”) from the network F (hereinafter “the deceased”) who owned the said building, and operated the beauty room.

On October 198, when a fire occurred on the second floor of the building, and as a result, the plaintiff tried to move his beauty room. On November 30, 1998, when the deceased met, he promised to allow the plaintiff to use the second and third floor of the building of this case for a lifelong life under the defendant C's explicit and implied consent on November 30, 1998. If the deceased or the defendant C, who is the heir, requested the plaintiff to deliver the building of this case, he promised to pay KRW 1 billion on the side of the owner of the building of this case.

Nevertheless, around September 2002, Defendant C, who received shares of 1/3 among the instant building from the Deceased on or around October 2009, received the remaining 2/3 shares from the Deceased, and completed the registration of ownership transfer as to the instant building, violated the instant performance agreement by filing a lawsuit seeking delivery of the said building 2 and 3 floors against the Plaintiff and his/her father G, H, etc. ( Daegu District Court 2014Gahap8282 (principal lawsuit), 2014Gahap829 (Counterclaim), Daegu High Court 2015Na2523 (Counterclaim), 2015Na2530 (Counterclaim), 2016Da41531 (principal lawsuit), 2016Da41548 (Counterclaim), hereinafter referred to as “previous lawsuit”).

Therefore, Defendant C, who succeeded to the lessor status of the deceased and the deceased, shall jointly and severally pay to the Plaintiff a penalty of KRW 1 billion for a violation of the instant performance letter. Since the deceased died, Defendant C is obligated to pay to the Plaintiff a penalty of KRW 1 billion as its own debt, and Defendant B and D, the inheritor of the deceased, jointly and severally with Defendant C, an amount of KRW 33,333,333, and damages for delay equivalent to each inheritance share (1/3) out of KRW 1 billion.

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