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Reasons
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(영문) 수원지방법원성남지원 2016.02.19 2015가단213567
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 20, 2010, the Plaintiff entered into a lease agreement with C for a deposit of KRW 30 million, monthly rent of KRW 4 million, and the lease period from April 30, 2010 to April 30, 2012. On May 28, 2012, the Plaintiff entered into a lease agreement for a deposit of KRW 35 million, monthly rent of KRW 45 million, and the lease period from April 30, 2012 to April 30, 2013. From April 30, 2012 to April 30, 2013, the Plaintiff entered into a lease agreement for a deposit of KRW 45 million and KRW 5 million from March 30, 2014 to April 30, 2014; and from March 30, 2014 to April 30, 2015.

B. Meanwhile, on November 29, 2010, registration of ownership preservation was completed on the land of this case with respect to the third-story ground building (hereinafter “instant building”).

C. 1) The Defendant, on March 11, 2014, purchased the instant building from the Plaintiff at KRW 200 million (in the event of a contract, KRW 20 million shall be paid and received at the time of the contract, and the balance of KRW 180 million shall be paid on May 7, 2014) (hereinafter “instant sales contract”).

2) The Plaintiff and the Defendant agreed to return the full amount of the down payment to the Defendant before the conclusion of the instant contract: (a) the said contract was entered into as a special agreement; (b) the said contract was entered as a provisional contract; (c) the said contract was entered into as a consignment around May 7, 2014; and (c) the monthly rent of KRW 6 million was paid to the Plaintiff; and (d) the Defendant did not return the down payment at the time of cancellation of the contract before the formation of the contract; and (e) the said contract was not

3) On March 11, 2014, the Plaintiff paid a down payment of KRW 20 million to the Defendant. 4) On March 30, 2014, the Plaintiff demanded the Plaintiff to increase the deposit amount of KRW 10 million pursuant to the instant lease agreement, and received KRW 10,000,000 from the Defendant on April 7, 2014 to raise funds for KRW 10 million.

After the completion of the instant text, the instant sales contract is concluded.

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