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(영문) 부산지방법원 2020.04.24 2019가단320187
기타(금전)
Text

1. The Defendant’s KRW 3,548,387 with respect to the Plaintiff and KRW 5% per annum from December 19, 2019 to April 24, 2020.

Reasons

1. Basic facts

A. The pertinent Plaintiff, as a right holder of 8/10 of the 5th floor of the Busan Jindo, Busan, the 1,2, and 5th floor of the instant building (hereinafter “the instant building”), operated D’s KRW 1,2, and the Defendant, adjacent to the instant building, newly constructed a building for amusement facilities of 7th floor of reinforced concrete structure structure built on the ground of Busan, Jindo, Busan (hereinafter “instant building”).

B. On October 28, 2017, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of approximately KRW 10,000,000, monthly rent of KRW 2,500,000 (in addition to value-added tax, KRW 10,000 per month), from September 10, 2017 to September 9, 2018.

C. On April 24, 2018, the Defendant prepared and provided to the Plaintiff an agreement on compensation for damages and a letter of commitment (hereinafter “instant letter”) with the following content as follows.

1) In preparation for the fact that the use of a toilet for a building in an adjacent site during the construction period is impossible, the defendant shall install a portable portable toilet. ② The defendant shall complete the construction of an adjacent toilet on the following terms (Provided, That this is limited to the case where the land owned by the plaintiff becomes a space for constructing a toilet as a result of a boundary survey.

A) The costs of construction are to be borne by the Defendant in full, and are to be installed within three months in line with the process. Design is mutually agreed, two sides of the three sides, the three sides, the three sides, and the representative flag, and the space is to be consulted with the Plaintiff when space is insufficient. In the event that the Plaintiff wishes to be high-class, the interior equipment is to be heavy, and the difference is to be borne by the Plaintiff. D. The Defendant is to provide a portable portable toilet on the first floor of the instant building during the construction period for building construction of its building.

AB was established.

E. Around May 29, 2019, the Defendant completed the new construction of the Defendant building, and the same year.

6. 24. The registration of initial ownership has been completed.

(f).

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