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(영문) 대구지방법원서부지원 2016.05.11 2015가단4676

임대차보증금반환등

Text

1. The Defendant’s KRW 147,030,870 among the Plaintiff and KRW 100,000 among them, shall be KRW 47,030,870 from December 19, 2014, and KRW 47,030,870.

Reasons

1. Basic facts

A. On October 5, 2015, a corporation conducting the construction business, etc. (hereinafter “Plaintiffs” without distinguishing between the two after the filing of the instant lawsuit and the merger to Hocom Construction Co., Ltd., Ltd., a lawsuit taken place on October 5, 2015; hereinafter the same shall apply), leased an apartment model (one model) from the Defendant conducting the real estate development and lease business, etc. on November 12, 2013, the rental deposit was set at KRW 10 million, KRW 14,00,000 (excluding value-added tax), and the lease period was set at between November 18, 2013 and November 17, 2014.

(hereinafter “instant lease agreement”). B.

The Plaintiff paid KRW 26,80,000 to the Defendant on November 18, 2013, respectively, KRW 284,80,000 [the amount of KRW 184,80,000 per year [the annual rent of KRW 168,00,000 [the annual rent of KRW 168,00,000 x 12 months]; the amount of KRW 16,80,000 [the amount of KRW 16,80,000] including the lease deposit and the annual rent of KRW 158,00].

C. On November 21, 2013, the Plaintiff filed a report on the construction of a temporary building with a view to constructing two model houses of general steel structure (a building area, a total floor area of 1056.78 square meters, 1806.77 square meters; hereinafter “instant building”) on the leased land with the retention period up to November 15, 2014 with the head of the Seo-gu Office as of November 21, 2014. The Plaintiff constructed the instant building around that time.

On December 12, 2014, the Plaintiff agreed to sell the instant building to the Defendant at the expiration of the instant lease term, and entered into a sales contract with the Defendant for the purchase price of KRW 70,000,000 with respect to the instant building (hereinafter “instant sales contract”), and received the down payment of KRW 35,000,000 on the day of the contract from the Defendant, and received the remainder payment of KRW 35,000,000 on December 18, 2014, and then delivered the instant building and its leased land to the Defendant on the same day.

E. The Plaintiff and the Defendant are the following special terms at the time of the instant sales contract.