계약금반환 청구의 소
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasoning for this part of the underlying facts is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, except for the addition as follows.
3.On the 17th page "(Account Number omitted)", the following shall be added to "the main sentence of Article 6 (hereinafter referred to as "the main sentence of Article 6") and "the refund of local taxes/public charges" in the 21th sentence (hereinafter referred to as "the proviso to Article 6").
2. The parties' assertion
A. Plaintiff’s assertion 1) The Defendants changed the name of the lessee of the instant lease to the Plaintiff by February 15, 2016 pursuant to the instant lease transfer agreement. However, the instant lease transfer agreement became null and void pursuant to the main sentence of Article 6 of the instant lease transfer agreement. Furthermore, even after February 15, 2016, the Plaintiff and the Defendants agreed with each other to implement the instant lease transfer agreement after the end of June 2016, the instant lease transfer agreement was finally rescinded by mutual agreement. (2) Meanwhile, the main sentence of Article 6 of the instant lease transfer agreement requires the Defendants to return KRW 250,000,000,000 paid to the Plaintiff if the instant lease transfer agreement becomes null and void.
The proviso to Article 6 of the instant lease transfer contract, which provides for the deduction of rent, national tax, local tax, and public utility charges (hereinafter “rent, etc.”) from the down payment when continuous consultation is held between the Plaintiff and the Defendants after February 15, 2016, shall be construed as the provision on the estimate of damages to be borne by the Plaintiff in the event the contract is not in progress due to the Plaintiff’s obligation after the remainder payment period has been extended upon mutual consultation between the Plaintiff and the Defendants.
However, the Defendants can perform the duty to change the name of the lessee.