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(영문) 수원지방법원 2020.02.13 2019나57114

계약금반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 8, 2018, the Plaintiff entered into a lease agreement with the Defendant’s agent C on the first floor (maintenance factory) and part of the second floor office (hereinafter “instant building”) of the building located in Yongsan-gu, Yongsan-gu, Yongsan-gu (hereinafter “the instant building”) from the Defendant to March 29, 2018, with the aim of operating the Sejong Vice General and the Motor Vehicle Maintenance Business Office as well as the deposit KRW 150 million (the remainder of the down payment shall be paid as of February 9, 2018; the remainder of the down payment; KRW 50 million as of March 30, 2018; the remainder of the down payment; KRW 5 million as of March 30, 2018; the period from March 30, 2018 to March 29, 2020 (hereinafter “the instant down payment”); and the Defendant paid part of the down payment (hereinafter “the date”).

B. The contents related to this case among the special terms of the above lease agreement are as follows.

It shall be leased in the present state of the facility.

After confirming on-site inspection records, the Defendant, after confirming on-site inspection records, has completed the construction of the gate-to-door signboard frame, ice container work mix, (the first floor information room, toilets, shower rooms), the basic facilities of the second floor office and lodging facilities until the balance is reached.

C. Meanwhile, the construction of a new E was under way near the instant building. On February 2018, 2018, the construction work was conducted near the access road to the instant building. D.

On February 6, 2018, the Plaintiff, who became aware of the creation of the instant chemical, sent to the Defendant a certificate of content that “To restore the road to its original condition until February 9, 2018, which is the mid-term gold payment date, the Plaintiff demanded the administrative agency and the person in charge of the F to issue a written confirmation to ensure that it does not interfere with its business, and if the request is not made by the said date, the Plaintiff will cancel the instant contract.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 3, 4, and the purport of the whole pleadings

2. The Plaintiff’s assertion is created in the vicinity of the access road to the instant building.