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(영문) 수원지방법원평택지원 2020.06.04 2019가합12598

약정금

Text

1. The defendant shall pay to the plaintiffs each amount in the separate sheet in attached Table "," and shall complete payment with regard thereto from June 5, 2020.

Reasons

1. Basic facts

A. The building on the ground outside Pyeongtaek-si and 11 (hereinafter “instant building”) consists of 89 households for officetels and 29 households for urban-type residential housing.

B. AV corporation carried out the business of newly building and selling the instant building, and at the time of sale, it guaranteed the Plaintiffs KRW 1.4 million monthly rent for two years.

In around 2015, the Plaintiffs concluded each sales contract with AV Co., Ltd. and the attached Table “S.” column (hereinafter “each of the instant units”).

C. On January 3, 2017, the Plaintiffs received the following revenue certificates from the Defendant (hereinafter “the instant revenue certificates”) and completed the registration of ownership transfer regarding each of the subparagraphs of this case on January 20, 2017.

Rent for a profit certificate: 1,400,000 won per unit: From the end of two years (the date of occupancy of the building concerned) to the end of each month during the period from the three months after the completion of the registration of the object, the operating management fee for the settlement of rent to the end of each month shall lose the validity of this profit certificate at the time of the conclusion of the normal lease contract after deducting the rent from the rent.

From May 2017, the Defendant paid rent pursuant to the instant revenue certificate to the Plaintiffs from around May 2017, and the rent that the Plaintiffs did not receive from the Defendant is as indicated in the attached Table “total” column.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The Defendant agreed to guarantee the Plaintiffs’ profit of KRW 1,40,000 per month from the date of the registration of ownership transfer regarding each of the units of this case (However, the validity of a lease agreement with a lessee is lost) and the unpaid amount is as stated in the attached Table “total” as stated above. Therefore, the Defendant’s decision is the following day of this decision, as requested by the Plaintiffs, on the respective amount indicated in the attached Table “total” column, and as sought by the Plaintiffs.