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(영문) 서울서부지방법원 2018.05.24 2017가합34882

정산금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On March 6, 2014, No. 5091 received on March 6, 2014 as to each of the instant real estate owned D, the registration of ownership transfer in the name C was completed on March 6, 2014.

B. On February 15, 2014, E entered into a contract with the Plaintiff for the construction of the extension of the real estate No. 2 (hereinafter “instant building”) recorded in the separate sheet to the hospital (hereinafter “instant construction”). The construction period under the said contract was from March 11, 2014 to July 4, 2014, but the construction was not scheduled due to the shortage of construction funds.

C. On July 4, 2016, in order to operate a convalescent hospital, the Defendant entered into a lease agreement with C, setting the lease deposit amount of KRW 500,00,000 with respect to each of the instant real estate, monthly rent of KRW 6,00,000, and the lease term of KRW 500,000 with respect to each of the instant real estate (hereinafter “the instant lease agreement”) as “five years from the date of delivery by the lessee in a condition that the lessee is able to use and benefit from the commercial building for the purpose of the lease” (hereinafter “the instant lease agreement”). The special terms and conditions

1. Before moving in, the lessor (C refers to the terms of the instant lease agreement; hereinafter the same shall apply) completes the construction of elevator, fire-fighting systems suitable for medical facilities, disabled facilities, and underground water leakage treatment facilities;

2. The lessee (the defendant refers to the defendant; hereinafter the same shall apply in the terms of the instant lease agreement) shall not restore the facility to its original state after the lease period expires;

3.This Agreement shall have been agreed upon by both parties.

4. A lessee shall set up a chonsegwon on a building; and

5. After the opening date of the building, the owner of the building shall be changed from C to E, and the contract shall be prepared under the same conditions;

Under the instant lease agreement, KRW 100,000,000 of the down payment out of the lease deposit is the intermediate payment of KRW 200,000,000 when concluding the contract, until July 15, 2016.