계약 해제에 따른 대금반환 청구의 소
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) KRW 350,00,000 and its payment shall be made in full from October 18, 2019.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. On November 28, 2018, the Plaintiff and the Defendant entered into a lease agreement with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 700 million, monthly rent of KRW 12 million.
(hereinafter “instant lease agreement”). B.
The main contents of the instant lease agreement are as follows.
A lessor and a lessee shall enter into a lease contract as follows:
Article 1 (Deposit and Rent) With respect to the lease of the real estate of this case, the lessor and lessee shall pay by agreement the deposit and rent as follows:
-Deposit KRW 700 million - Payment and receipt of the down payment - The remainder 630 million won - The lessee under Article 5 (Cancellation of Contract) of the cost of the intermediate payment (in the absence of an intermediate payment), before paying the intermediate payment (in the absence of an intermediate payment), the lessor shall reimburse the down payment, and the lessee may waive the down payment and rescind the contract.
[Matters of Special Agreement]
1. The starting date of lease shall apply to all the lessees and the lessee facilities after their removal, and the term of lease shall be ten years;
3. This Agreement is an agreement that is concluded on the premise of removal and construction of a building under the lessee’s responsibility and all costs are attributable to the lessee.
5. The lessee and all facilities (including rooftops) of the above leased building must be completely removed under the responsibility of the lessor within four months after the conclusion of this Agreement.
8. A lessee may not claim all legal ownership for a new building at the expiration of the lease term and shall revert to the lessor any rights.
10. The name of the building newly built by the lessee shall be determined by the lessor or the name designated by the lessor;
11.The rent shall be paid after all the lessees and facilities are removed, and the rent shall be paid for the first two months only 50 per cent of the agreed rent.
Provided, That the C Base Bureau ( May 18, 2019, the expiry date of the contract) is within April 15, 2019.