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(영문) 서울서부지방법원 2015.06.25 2014가합8790

계약금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 27, 2009, the Defendant: (a) entered into a lease agreement with Hani-gu, Yongsan-gu, Seoul Metropolitan City, 121 Dong 802 (hereinafter “instant apartment”); (b) lease deposit amounting to KRW 2,032,80,000; (c) monthly rent of KRW 3,461,00; and (d) lease period of KRW 5 years from the commencement date of the designation of occupancy; and (c) the main contents are as follows.

(B) In the following lease agreement, “A” refers to the Defendant, and “B” refers to the Defendant, respectively. Article 1 (Rental Deposit / Rent and Payment Method/Term of Lease) ② Article 1 (Lease Deposit / Rent and Payment Method/Term of Lease) (2) shall be paid to “A” as follows:

(Unit: (Unit: 20% of the remainder (40%) of the down payment (20%) intermediate payment (40%) in the form of housing (20%) (40%) at the time of the contract (10%) (10% on April 27, 2009 (10% on April 27, 2009) one time (20%) (10% on March 20, 2010) two times (10%) (10%) (10%) three times (10%) (10%) (10% on June 20, 2010) (10%) (10%) 284 TO42,032,032,80,280, 2803, 2806, 203, 2806, 203, 2080, 203, 208, 201, 201).

Article 8 (Prohibited Conducts in B) No person shall commit any of the following acts:

1. An act of transferring the right of lease or sublet the rental house to other persons in contravention of the provisions of the Rental Housing Act, and a special agreement may be concluded for necessary matters other than those as prescribed in Articles 1 through 14; and

【Matters under a special contract】 Article 2 (Conversion Price for Sale in Lots) (1) The conversion price for sale in lots at the time when two years and six months have elapsed from the expiration date of the first designation period for occupancy in lots as designated by us after completion shall be the arithmetic average of the appraisal values of the appraisal corporations selected by Gap

(2) The first time designated by us after completion.

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