logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2012.09.28 2011나4626
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Reasons

1. Facts of recognition;

A. On March 2005, the Plaintiff sold, to the Defendant, around March 2005, the “E” temple building of 675 square meters and 6.28 square meters in a cement block structure, strewing ground structure, a single story (dong), 26.28 square meters in a single story structure, 25.2 square meters in a cement block structure, strewing ground structure, and manager, 1 square meters in a single story of cement block structure, 117.9 square meters in a single story (dong), and (3), a wooden strewing ground structure, a single story of 117.9 square meters in a single story (dong) on the above land and in a racing adjacent to the above land, the Plaintiff sold 120,000 square meters in a single story of 111 square meters in a single story in a single story and h’s ground floor of a single pent roof, a single 120,000 square meters in a single story of Ga.

B. On March 28, 2005, the Plaintiff and the Defendant agreed to pay to the Plaintiff KRW 50,000,000 to the Plaintiff in a case where the Plaintiff continued to use the front room of the upper floor below the legal unit used by the Plaintiff (hereinafter “instant room”), but the Plaintiff provided the cause to leave the room of this case.

(hereinafter referred to as “instant agreement”). C.

Since then, the plaintiff has been under the locking system in the room of this case and had been living in the above room. On August 2007, the defendant arbitrarily replaced the locking system, and the plaintiff did not enter the room of this case.

[Evidence] Facts without dispute, entry of Gap evidence No. 2, testimony of Gap witness of the first instance trial, the purport of the whole pleadings

2. Determination as to the cause of claim, etc.

A. According to the above facts, the defendant is obligated to pay to the plaintiff 50 million won and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 19, 2010 to the date of full payment, following the delivery of a copy of the complaint of this case to the defendant, since it is no longer possible for the plaintiff to use the above room by replacing the lock lock unit of this case.

B. As to this, the defendant, without permission, changed the use of each of the above buildings, which the plaintiff is a fraternity, to the legal party and the debentures, and the defendant's racing from the time of the racing.

arrow