beta
(영문) 대전지방법원 2019.05.22 2017가합106668

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are buyers who purchased each unit room (hereinafter referred to as the "unit room of this case") listed in the column for "heading room" in the annexed list among Q buildings located in Sejong Special Self-Governing City P (hereinafter referred to as "the building of this case"), and the defendant is a sales agency of the building of this case.

B. From July 2015 to August 25, 2017, Plaintiff C and D entered into a sales contract for each of the subparagraphs of this case (hereinafter “each of the instant sales contracts”) with each implementer and each trustee, R Co., Ltd., Trusted Limited Liability Company S (Representative Managing Members are the Defendant), and T Co., Ltd. on or around January 24 to 25, 2017.

C. On February 2017, the Plaintiffs were the Plaintiffs, the lessee, and the trustee R Co., Ltd.: (a) drafted each “ Q lease agreement (hereinafter “each of the instant lease agreements”) regarding the lease agreement and the real estate management trust agreement (hereinafter “the instant lease agreement”) stating that “The Defendant may rent and use and benefit from each of the instant units units from the Plaintiffs for the purpose of living and business, but may sublease each of the units of this case to the sub-lessee; and (b) the Plaintiffs are deemed to have consented to the sub-lease of the Defendant; and (c) the Plaintiffs are deemed to have held the right to benefit therefrom after the management, disposal and trust of each of the units of this case to the R Co., Ltd. was made.”

However, each lease contract of this case does not have the official seal of R Co., Ltd., and among them, some lease contracts do not have the defendant's seal, or the rubber in the name of the defendant, stating "a destruction document", are affixed.

Article 9 (Rent) (1) of the instant lease agreement provides that the Defendant shall pay the Plaintiffs a fixed rent (which shall be the amount stated in the “monthly payment agreement” in the attached Table) from August 1, 2017 to December 31, 2017, as monthly rent for each of the instant houses. < Amended by Presidential Decree No. 28420, Aug. 1, 2017; Presidential Decree No. 28420, Dec. 2,