기타(금전)
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic facts
A. The Defendant leased the building on the ground in Songpa-gu Seoul Metropolitan Government and operated the Gosiwon (hereinafter “The Gosiwon”).
B. On February 5, 2018, the Plaintiff entered into a contract for acquisition and transfer of the right (facilities) with the effect that the remainder KRW 70 million shall be paid as February 22, 2018 at the time of the contract, and the transfer contract (hereinafter “instant contract”) with the F, G, and the instant notification source, as the broker of the licensed real estate agent C and the Defendant’s agent, in whole, KRW 90,000,000,000,000 for premium in accordance with the current facility condition.
On the same day, the Plaintiff deposited the down payment of KRW 20 million into the account in H (Ireal estate) name as stipulated in the instant contract, and the F prepared and issued a receipt to the Plaintiff that the Defendant’s agent received the down payment of KRW 20 million.
Lease Relationship: The terms and conditions of the lease deposit amounting to KRW 60 million, monthly rent of KRW 3410,000 (excluding surtax): the contract shall be concluded after the dialogue between the transferor and the transferee after ascertaining the location of the transferor.
On the other hand, on January 30, 2018, the Defendant: (a) transferred all of the instant notification units to the broker, F, and G of a licensed real estate agent C; (b) concluded a contract for acquisition and transfer of the right to pay KRW 38 million for premium in the amount of KRW 10 million for the first intermediate payment; (c) the first intermediate payment of KRW 10 million for the second intermediate payment of KRW 10 million on February 14, 2018; and (d) the remainder of KRW 8 million on March 15, 2018; and (e) concluded a contract for transfer (hereinafter “prior contract”).
Lease Relationship: 60 million won, monthly rent of 3410,000 won (excluding value-added tax): The transferor shall enter into a lease agreement with a third party designated by the transferee on the date the transferee wants if the repurchase is made before the remainder date.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, and Eul evidence 1.