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(영문) 서울중앙지방법원 2019.06.12 2017가합569895

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) shall:

A. Each real estate listed in the separate sheet No. 1, to Defendant (Counterclaim Plaintiff Co., Ltd.).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On February 3, 2016, Defendant B entered into a contract for construction works with the Intervenor to build a L (hereinafter “instant building”) located in the Seo-gu, Seoan-gu, Western-si (hereinafter “instant building”). The instant building was completed on June 20, 2017.

Defendant G is a trust company that entered into a management-type land trust contract with Defendant B regarding the instant building on or around February 5, 2016.

Article 1 of the Commercial Building Lease Contract shall pay the deposit as follows:

Deposit: 300,000,000 won for down payment: 60,000,000 won (payment at the time of a contract) for remainder: 240,000,000 won (payment on the designated date of occupancy in 2017): the duration of Article 2: 35,200,000 won (including value-added tax, and later payment): The period of delivery and lease shall be 60 months from the date of delivery until the date of designation of occupancy in 2017.

Article 7: If a lessor or lessee has failed to perform any of the terms and conditions of this contract, the other party may notify in writing the person who has failed to perform the contract and cancel the contract.

Special agreement matters: Rent shall be exempted for three months for the interior period, and deposit money for each unit and rent shall be succeeded in proportion to each unit when concluding a sales contract for seven floors.

B. On July 17, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant seven-story lease agreement”) with the following content as to the total 7th floor of the instant building, where a new construction project was being carried out with Defendant B, with respect to the 3,737.22 square meters of the instant building (hereinafter “instant seven-story lease agreement”).

C. Around June 22, 2017, the Plaintiff: (a) received the entire 7th floor of the instant building from delivery; (b) completed interior works; and (c) began to run a cover-in project with the trade name “O” from August 26, 2017 (hereinafter “the instant cover-in project”). D.

Since then, among the seven floors of the instant building, the real estate No. 1 listed in the attached Table 2 list (hereinafter “instant building P”) is the building of this case to Defendant C, and the building of this case is less than 2 real estate listed in the attached list No. 2 list.