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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 15, 2015, C purchased the instant loan in the course of the voluntary auction against the F Building 901 (hereinafter “F Building 901”) located in Seocho-gu Seoul Metropolitan Government E (hereinafter “instant loan”) under the name of the Plaintiff, who is his/her father, in which the Defendant and his/her wife shared 1/2 shares.
B. On May 19, 2010, the Defendant concluded an agreement with the representative G of Dora residents and the Defendant that the monthly 1.5 million won in return for the exclusive use of the rooftop of the instant Dora to the head of the Tong, and that the period of use shall be three years, but the above usage fee may not be paid.
C. On March 13, 2015, before C purchased the instant loan in the Plaintiff’s name, the Defendant and D drafted and delivered to C a letter of performance (hereinafter “instant letter of performance”) with the following content.
1. Each of the above clerks (Defendant and D) shall instruct the Plaintiff of the entire loan of this case and the instant rooftop, being used by each of the above clerks (Defendant and D) without permission until July 31, 2015.
(hereinafter omitted)
2. The Bara and rooftop facilities of this case shall be taken over at present.
(other) : (a) prepare a description of the construction cost of a rooftop and a letter of commitment to use; and
3. The plaintiff, who is the successful bidder, shall pay 50,000,000 won for the director's expenses and the agreement on the acquisition cost for the test to each secretary in accordance with the terms and conditions of the order.
4. The amount agreed shall be paid in KRW 30 million on the date of preparation of a statement of performance and shall be paid in KRW 20 million until the date of surrender.
(b)
9. If each of the above clerks fails to comply with the commitment of paragraphs 1, 2, 3, 4, 5, 6, 7 and 8 above, the amount shall be paid at the rate of four million won per month.
C on March 16, 2015, the amount of KRW 30 million, out of the agreed amount of KRW 50 million, was remitted to the account under the name of H, the Defendant’s father, and thereafter, the amount of KRW 10 million shall be additionally paid to the Defendant.