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(영문) 부산고등법원 (창원) 2018.01.18 2017나21353
매매대금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 511,965,454 and KRW 460,00,000 among them.

Reasons

1. Basic facts

A. 1) The Defendant is the owner of the building, Jinju City I (hereinafter referred to as “I”)

(2) Around February 2004, D 302.9 square meters and C 303.9 square meters, and E is the F 271.2 square meters, its ownership, and the J Co., Ltd. (hereinafter referred to as “J”) at around February 2004.

2) In each lease, the J and the J agreed to newly construct a building on the ground of the above three parcels of land and use it as a sales facility and remove it upon the expiration of the lease term. 2) Accordingly, the J requested the design and supervision of the Defendant’s husband H, an architect, to the Defendant’s husband H on the ground of the above three parcels of land around August 2004.

1. Attached buildings to be entered;

2. It is a type of sole building that is not an aggregate building, such as photographic images;

The following is the building of this case:

(3) On August 24, 2004, the Defendant and E agreed not to remove the instant building after the expiration of the above lease term on February 201, 201.

B. (1) On February 1, 2011, the Plaintiff leased part of the instant building (F land portion owned by E) from E as security deposit, KRW 30,000,00 for monthly rent, KRW 3,000 for monthly rent (excluding value-added tax), and the period from February 22, 2011 to February 21, 2016. (2) The Defendant agreed with E on February 12, 2011 as follows:

(3) The other party shall accept the building without any condition if the building is separated, the building is removed, or the building is demolished, sold, etc., due to one party's circumstances, in principle, the other party shall accept the building in question.

1. A building shall be divided in connection with a lot number owned by each party and a partitioned building shall be registered as a unit of land (b).

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