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(영문) 서울동부지방법원 2015.11.09 2015가단101376
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into a lease agreement. On December 19, 2014, the office of licensed real estate agents (hereinafter “D”) located under the Seoul Songpa-gu Seoul Building C 104 (hereinafter “D”).

3) As to the Plaintiff, the Defendant’s 10th d-1014 of C Building No. 10 (hereinafter “instant officetel”).

3) A lease agreement under which each of the lease deposits is to be leased (hereinafter “instant lease agreement”) with the period from January 9, 2015 to January 8, 2017 (hereinafter “instant lease agreement”).

(2) The method of payment of the lease deposit stipulated in the instant lease agreement (hereinafter “lease deposit”) is as follows.

36,000 won of down payment: 164,00,000 won of the intermediate payment to be paid on the contractual date: the payment date: January 2, 2015; 160,000,000 won; the payment date; January 3, 2015; the payment date; the payment date; the payment date; January 9, 2015; shall be as follows: - New Bank Mortgage Mortgage (mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-Backed maximum debt amount: 84,00,000 won of the actual loan principal; Presidential Decree No. 70,000,000 won; Presidential Decree No. 2330, Nov. 17, 2014; Presidential Decree No. 24775, Aug. 26, 2013>

FGB5) In accordance with the aforementioned special agreement, among the above burden, the person holding a provisional registration: (a) entered into a lease agreement to accept the instant lease deposit in the event of a transfer of ownership without cancellation of provisional registration on December 19, 2012, which is the contract date; and (b) granted the Plaintiff via the Defendant a written consent to accept the instant lease deposit in the event of a transfer of ownership without cancellation of provisional registration; and (c) upon payment of remainder and simultaneous performance, the registration to reduce the maximum debt amount to KRW 48,00,000 (the actual loan amount to KRW 40,000,000 by reducing the loan amount to the same rate, and the difference to KRW 30,00,000 shall be paid; and (b) the cancellation registration shall be made.

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