계약금반환
1. All appeals by the plaintiff (Counterclaim defendant) and the plaintiff's succeeding intervenor's claims on the principal lawsuit are dismissed.
2.In the trial, the trial shall be held.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 5, 2015, the Plaintiff (Lessee) and the Defendant (Lessee) concluded a lease agreement with respect to D land and buildings in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) on the following terms:
The remainder payment date of KRW 150,000,000 for lease deposit, the down payment of KRW 150,000,000,000 for the remainder: Monthly rent of KRW 12,000 for 60 days after acquisition of the internal approval of the motor vehicle-related facilities (maintenance factory): Provided, That if the approval is obtained within the motor vehicle-related facilities (factory maintenance) by October 31, 2015, the contract is terminated without compensation by both parties, and the defendant returns the down payment without compensation if the Plaintiff pays the down payment of KRW 15,00,000.
B. On October 12, 2015, the Plaintiff entered into a modified contract: (a) filed an application for registration of automobile management business with the Gangseo-gu Seoul Metropolitan Government, but was rejected.
On October 30, 2015, the Plaintiff and the Defendant agreed to extend the acquisition period of internal authorization on October 30, 2015.
The main contents are as follows:
If the authorization for the establishment of a motor vehicle-related facility (maintenance plant) is not acquired by April 30, 2016, this contract shall be terminated without compensation by both parties.
By April 30, 2016, 400,000 won per month shall be paid from April 30, 2016, and the Plaintiff shall use and manage the instant real estate.
On December 7, 2015, the Plaintiff was handed over the building from the Defendant.
The Plaintiff paid the Defendant a total of KRW 12 million.
February 14, 2016 3 million won/
3.2.3 million won/
4.1.3 million won/
5. 3. 3 million won;
C. The Plaintiff was unable to obtain authorization until April 30, 2016 under the agreement.
The Plaintiff and the Defendant agreed to terminate the lease agreement around June 10, 2016.
[Ground of recognition] Evidence Nos. 1 through 9 (including paper numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination of the principal claim