(영문) 부산지방법원동부지원 2016.11.02 2016가단1047

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(영문) 부산지방법원동부지원 2016.11.02 2016가단1047

약정금

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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. The Plaintiff is the former owner of Busan Southern-gu C and D’s land, and E is the former owner of GMoel, a building on the F’s land and its ground (hereinafter “instant telecom”).

B. The Plaintiff continued to use the instant parking lot since it entered into a lease agreement with H on May 5, 2014, with respect to the Plaintiff’s first site located in the area adjacent to the instant Moel (hereinafter “instant parking lot”) for the purpose of using it as a parking lot for the instant Moel, with H on the lease deposit for KRW 50,000,000, monthly rent of KRW 350,000,000, and the period of lease for two years from May 5, 2014.

C. On May 6, 2015, the Plaintiff and E entered into a sales contract with the Defendant with the amount of KRW 3,50,000,000 with respect to the instant cartels between the Southern-gu, Busan, D, and F, and its ground (hereinafter “instant sales contract”).

The Defendant completed the registration of ownership transfer for the purpose of the instant sales contract on May 28, 2015 pursuant to the instant sales contract, and received the instant parking lot delivery around that time.

E. The instant sales contract contains the phrase “the current parking lot used for lease shall succeed as it is,” in the column of the special agreement.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant agreed to the effect that “If the Plaintiff succeeded to the instant parking lot to the Defendant, the Defendant would pay KRW 50,000,000 to the Plaintiff separately from the purchase price of the instant sales contract.” As such, the Plaintiff claimed against the Defendant for the payment of KRW 50,000,000 and delay damages therefrom.

(b) judgment feet, Eul evidence No. 1, Eul.

유사 판례

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