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(영문) 서울중앙지방법원 2019.07.12 2018나41749
약정금
Text

1. The judgment of the first instance, including the Plaintiff’s claim against the Defendants expanded by this court, is as follows.

Reasons

1. Basic facts

(a) The network E is the spouse of Defendant B and is the reference of Defendant C;

B. Defendant B’s mother-friendly building (hereinafter “instant building”) owned five-story buildings on the Jongno-gu Seoul Metropolitan Government D ground (hereinafter “instant building”), but the instant building was managed by the network E.

C. Around 2001, the Plaintiff leased the instant 4th floor G unit of the instant building from Dong E, and from May 2005 to May 1, 2005, the Plaintiff occupied and used the instant 4th floor G unit of the instant building without paying monthly rent.

On November 21, 2009, the network E died, and on October 23, 2012, the registration of ownership transfer in the name of Defendant B was completed.

E. From September 2012, the Plaintiff occupied and used the 5th floor of the instant building instead of the 4th floor G of the instant building.

F. On July 2017, Defendant C prepared and sent to the Plaintiff each of the following descriptions (hereinafter “each of the instant notes”). The Plaintiff did not deliver the 5th floor of the instant building to Defendant C by July 17, 2017.

Until July 17, 2017, A N.D. (D. 5F) nameed up to July 17, 2017, and KRW 10 million paid as old expenses.

(drawing in lieu of monthly rent) The management from July 5, 2017 shall not be performed.

A [Grounds for recognition] Unsatisfy, entry of Gap evidence Nos. 1, 7, 11, and 12 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's ground for claim

A. A. Around May 2005, the lessee and its branch of the fifth floor of the instant building were performing the remodeling construction of the fifth floor of the instant building, and around August 2005, the construction was suspended and potential. The network, around that time, instructed the Plaintiff to resume construction to pay KRW 20,000,000 to the Plaintiff. Since the Plaintiff resumed construction with its own funds and completed construction around January 2006, the network E is obligated to pay KRW 20,000,000 to the Plaintiff in accordance with the instant agreement (hereinafter “instant agreement”). Even if so, the agreement of this case is concluded.

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