계약금반환 등
1. As to the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff)’s KRW 20 million and KRW 5 million among each of them, the Plaintiff (Counterclaim Defendant)’s KRW 20 million. < Amended by Act No. 15083, May 2017>
1. The Defendants, the premise of which is the premise, concluded the instant commercial lease contract with the lessor and the Plaintiff, “3 million won monthly rent in the amount of KRW 40 million, and 36 months from March 15, 2016 to March 15, 2019” (hereinafter “instant office”) in the instant commercial building, which is a licensed real estate agent, jointly operated the “H Licensed Real Estate Agent Office” (hereinafter “instant office”) at the instant commercial building, and planned to transfer the instant office to conduct an authorized brokerage business separately.
Therefore, the Defendants agreed to transfer the instant office to the Plaintiff, a licensed real estate agent, which was known to the Defendants in the course of conducting real estate brokerage, and concluded on August 19, 2017 a premium contract (hereinafter “instant contract”) with the Plaintiff to transfer the lessee’s status and the business rights of the instant commercial building lease contract to the Plaintiff and to receive premium of KRW 60 million at the same time.
According to the instant contract, the down payment is set at KRW 10 million (five million won when the contract is concluded, KRW 5 million is due on September 14, 2017), the intermediate payment is set at KRW 20 million (the due date on November 15, 2017), the remainder is set at KRW 30 million (the due date on January 31, 2018), and the special terms and conditions are set at as shown in the attached Table.
Among them, the special agreement clause 3 is that the transferor does not raise any objection to the operation of the real estate office in an area other than the E building (hereinafter referred to as the “instant special agreement”).
Under the instant contract, the Plaintiff paid down payment of KRW 10 million to the Defendants. The Plaintiff and the Defendants, around October 13, 2017, made an intermediate payment of KRW 30 million with the intermediate payment of KRW 30 million until November 15, 2017, changed to the payment of KRW 20 million on January 31, 2018, and agreed to the effect that the instant office is solely used by the Plaintiff.
Therefore, the plaintiff on November 15, 2017.