전세금 반환
1. The defendant shall deliver the building stated in the attached list from the plaintiff and at the same time, KRW 166,00,000 to the plaintiff.
1. The deposit amount of KRW 210,000,000 is paid and received at the time of the contract. The balance of KRW 189,000,000 shall be paid on April 29, 2016.
Article 7 (Non-performance of Obligations and Compensation for Damages) Where a lessor or lessee has defaulted on the terms and conditions of this contract, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.
[Matters of Special Agreement]
2. The lessor shall complete the arrangement (including cancellation of provisional seizure) of all documents within six months to enable the lessee to obtain a fixed date, and the lessee shall pay 40 million won out of the deposit to the lessee by obtaining a loan of the lease fund to the building in this case;
(A) comply with section 7 when it is not performed.
On March 12, 2016, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) stipulating that the building listed in the separate sheet (hereinafter “instant building”) shall be leased as deposit 210,000,000 won, and the lease period from April 29 to April 29, 2016 (24 months) (hereinafter “instant lease”).
The contents of the instant lease agreement concerning the instant case are as follows.
B. The Plaintiff paid KRW 170,000,000 to the Defendant out of the deposit money for the lease of this case. However, the Plaintiff failed to obtain a loan for the lease of this case, and thus failed to pay KRW 40,000,000 out of the deposit money for the lease of this case.
The instant lease agreement has expired on April 29, 2018, and the Plaintiff currently occupies the instant building.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. According to the facts of the determination on the cause of the claim under Paragraph (1), since the instant lease contract has expired, the Defendant is obligated to pay the Plaintiff KRW 170,000,000, barring any special circumstance.
3. Judgment on the defendant's assertion
A. The summary of the assertion 1 is that the Plaintiff paid only KRW 170,000,000 to the Defendant, out of KRW 210,000,000,000, which is the deposit for the lease of this case.