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(영문) 인천지방법원 2021.02.25 2020가단235035
건물인도
Text

Plaintiff (Counterclaim Defendant) shall pay 5,00,000 won to Defendant (Counterclaim Plaintiff) and its related thereto from July 18, 2020 to February 25, 2021.

Reasons

On the third pleading date of this case, the plaintiff fully withdrawn the main claim, and the defendant has consented to the withdrawal of the above main claim on the same date and the main claim has been terminated, and only decision is made on the counterclaim.

1. Basic facts

A. On April 25, 2018, the Defendant concluded a lease agreement from C to May 17, 2020 on the lease of deposit 200,000,000 won, and the lease period from May 18, 2018 to May 17, 2020.

B. On January 21, 2020, the Plaintiff purchased the instant building from C in KRW 515,00,000.

The remainder under the above sales contract is May 29, 2020.

(c)

A. A. The Plaintiff and the Defendant entered into a new lease agreement with the Plaintiff on February 14, 2020 on the condition that the instant building will be leased KRW 300,000,000 from the Plaintiff (hereinafter “instant lease agreement”). The instant lease agreement agreed to pay KRW 15,00,000 for the contract deposit at the time of the contract, and the remaining amount of KRW 285,000,000 for the contract deposit was paid on May 18, 2020.

The main part of the instant lease agreement is as follows.

Article 6 [Cancellation of Contract] A lessor shall reimburse the lessor of the intermediate payment (if there is no intermediate payment, the remainder) before the lessee pays the intermediate payment (if there is no intermediate payment), and the lessee may waive the down payment and rescind this contract.

Article 7 [Presumed Performance of Obligations and Compensation for Damages] If a lessor or lessee fails to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has failed to perform his/her obligations and cancel the contract.

In such cases, the parties to the contract may respectively claim damages from the rescission of the contract to the other party, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed.

[Matters of special agreement] - The balance between the sales and the sales are the same as the balance between the sales and the sales due to the progress of a human sales contract.

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