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(영문) 서울동부지방법원 2016.10.25 2015가합3219
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 25, 2007, the Plaintiffs and the Defendants concluded an agreement with regard to the new construction of a fishery products distribution building (hereinafter “F building”) on the E and four parcels owned by the Defendants (hereinafter “instant agreement”).

Article 1 (Purpose) The objective of this Arrangement is to construct the F Building as soon as possible and to allow the Plaintiffs and the Defendants to engage in legitimate business activities at that place.

Article 3 (Return of Land) The Plaintiffs, regardless of any terms and conditions of any agreement made prior to the conclusion of this Agreement, shall remove all of the leased illegal buildings installed at the site of the F building as stated in Article 2 by October 10, 2007, and shall return the entire land to the Defendants by restoring it to their original state.

Article 4 (Rights and Obligations of Parties) The Plaintiffs and both Parties have the rights and obligations under the following subparagraphs, subject to the completion of the fulfillment of the obligations under Article 3 within the time limit by the Plaintiffs:

① The Plaintiff A transferred the right to dispose of the electrical input facilities installed in the F Building Site to the Defendants, and shall take measures so that the Defendants may continue to use the said facilities.

The defendants shall pay the plaintiff A KRW 35,000,000 to the plaintiff within one month after the commencement of the above building.

② The Defendant shall lease the amount calculated by the amount of KRW 1.3 million per square day and KRW 1.2 million per square day to the Plaintiff from among the first floor of the F Building No. 12 to 13 square day designated by the Defendants to the Plaintiff, and the monthly rent shall be exempted for the period of this Agreement.

Provided, That the electricity, tap water, other taxes and public charges, the fees for the use of seawater, and general management expenses shall not be exempted.

③ The Defendants are allowed to use the F Building within the scope designated by the Defendants in consultation with the Plaintiffs, on the other hand, one-half of the G Fishery Large M&M business car operated by Plaintiff A in the space.

④ The Plaintiffs are leasing, selling, and selling the F building of the Defendants.

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