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(영문) 서울중앙지방법원 2016.11.28 2016나10192
관리비
Text

1. Of the judgment of the court of first instance, the part concerning Defendant B and the remaining Defendants order the payment below.

Reasons

1. Basic facts

A. (1) On December 29, 2006, Defendant B entered into a contract with Defendant B on the lease of the attached real estate Nos. 150,000,000,000,000 deposit and KRW 9,000,000,000,000 and KRW 12 months for the lease of the attached real estate No. 3 (hereinafter “instant real estate No. 1”) with Defendant B, and used the attached real estate No. 3 for delivery around that time.

It was agreed to pay the extra rent management fees and value added tax separately.

on April 6, 2009, Defendant B entered into a contract with C to purchase the instant real estate at KRW 1.165 million.

Of the purchase price to be paid by Defendant B, KRW 625 million, Defendant B decided to succeed to the loan interest and obligation to the Han Bank of Korea.

However, Defendant B did not pay interest on loans to Han Bank, and C notified the rescission of a sales contract, and on February 9, 2012, Defendant B filed a lawsuit against Defendant B, as the court 2012Gahap10497.

On the other hand, on October 29, 2010, Defendant B leased 2 real estate indicated in [Attachment 3] real estate (hereinafter “instant two real estate”) from C and used it on delivery around that time.

C, however, on October 19, 201, on the ground that Defendant B did not pay the rent of the instant 2 real estate, filed a lawsuit for the name of the building and the claim for unjust enrichment with this Court Decision 2011Da378601, and the said lease was terminated by the delivery of a copy of the complaint.

On April 9, 2012, the following mediation was established during the process of the above building name map and the lawsuit for unjust enrichment claim.

(hereinafter referred to as “instant conciliation clause”) 1. B. B. implement C’s procedure for the cancellation of the provisional registration of the right to claim ownership transfer against the real estate of this case.

2.(1)B shall be delivered at the same time as receiving KRW 50 million from C.

3.(1)B shall deliver immovable property at the same time as the receipt by C of KRW 50 million from C.

4. C is handed over the instant 1 and 2 real estate.

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