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(영문) 서울중앙지방법원 2020.04.08 2019나24345
손해배상(기) 필요비 상환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 4, 2015, the Plaintiff entered into a lease agreement (unregistered lease agreement) with the Defendant and one co-owner (the representative of the lessor) to lease the building of the Yeongdeungpo-gu Seoul Metropolitan Government Ground Public Notice Center C from June 26, 2015 to June 25, 2017 for KRW 170,000,000 without rent (unregistered lease agreement).

At the time, there was a special agreement that the main building is "to use the whole electricity, water, and urban gas as the deteriorated building by the lessee after repairing it."

At that time, the plaintiff and the defendant completed the implementation of the lease agreement.

B. On August 7, 2017, the Defendant filed a lawsuit against the Plaintiff to the effect that he/she would deliver the building of the Gowon District Court as the Suwon District Court Branch 2017Kadan116898, and on November 16, 2017, the following adjustments were established.

Conciliation Provisions

1. From March 31, 2018, the Plaintiff of this case and the instant conciliation clause, up to March 31, 2018, receive money from the Defendant of this case and the instant conciliation clause, which deducts the unpaid public charges, etc. from the same amount of KRW 179,00,000, and simultaneously deliver to the Plaintiff real estate indicated in the attached list. If the Defendant fails to perform the above obligation, the Defendant pays to the Plaintiff the money calculated at the rate of KRW 500,000 per month from April 1, 2018 (Provided, That if the Plaintiff’s monetary payment date is earlier than March 31, 2018, the date following the date of monetary payment) from the date of completion of each order to the date of completion of the name of the said real estate.

2. The plaintiff waives the remaining claims.

3. Litigation and conciliation costs shall be borne by each person;

C. However, due to the Han wave around February 2018, water facilities, such as toilets, rooftop water tanks, etc. in the public notice source building, have been laid down.

The plaintiff revealed his intention of acceptance, and the defendant first stated that the repair cost would be at least 10,00,000 won, and it would not remain until March 31, 2018, which is the delivery date determined by the mediation, and the whole amount should be accepted at one time.

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