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1. The Defendant’s KRW 155,00,000 as well as 5% per annum from June 13, 2013 to November 28, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. On July 9, 2012, the Plaintiff entered into a lease agreement between the Defendant and the Nam-gu Seoul Special Metropolitan City (hereinafter “instant contract”) on the terms of KRW 150 million in total amount of lease deposit and KRW 10 million in total amount of monthly rent (hereinafter “instant contract”). The respective areas of subparagraphs 101, 102, 201, and 202 are approximately 32 square meters, and the respective areas of subparagraphs 101, 202 and 202 are approximately 45 square meters.
B. On August 13, 2012, the Plaintiff paid a total of KRW 150 million to the Defendant, and the Defendant commenced the construction of the instant building. At the time of completion of the construction of the instant building, when the Plaintiff’s children and real estate agents confirmed the architectural drawings of the instant building, the number of Nos. 101, No. 31, 102, and No. 20 was 101 when the Defendant completed the construction of the instant building and obtained approval for use on February 12, 2013.
C. According to the instant contract, the Plaintiff rejected the salesroom on the ground that the total area of the exclusive part for the first floor leased by the Plaintiff was 64 square meters (32 square meters and 32 square meters). The actual constructed area was merely 51 square meters and was not operated, and demanded the return of the lease deposit.
On June 5, 2013, the Defendant notified the Plaintiff on June 5, 2013 that the rescission of the instant contract was made by the Plaintiff’s simple alteration. Therefore, the Defendant notified the Plaintiff that KRW 150 million should be confiscated according to the penalty clause under Article 6 of the Terms and Conditions of the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 9, Eul evidence 2 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff and the Defendant entered into the instant contract on March 25, 2013.