(영문) 대구지방법원 2018.05.09 2017나8744 | 리걸엔진

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(영문) 대구지방법원 2018.05.09 2017나8744

건물인도등

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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Basic facts

A. 1) The Plaintiff concluded a lease agreement with the Defendants to lease each of the instant real estate. On December 7, 2016, the Plaintiff agreed to lease each of the instant real estate to the Defendants, and on December 7, 2016, a lease agreement stipulated in the lease deposit of KRW 100,000,000 for each of the instant real estate, monthly rent of KRW 7,00,000 for rent (excluding value-added tax), and from December 20, 2016 to December 19, 2018 for the term of lease (hereinafter “instant lease agreement”).

A) Around that time, each of the instant real estate was delivered to the Defendants. (2) The main contents of the instant lease agreement agreement and the separate agreement are as follows.

[Matters of Special Agreement]

3. Other public charges shall be paid by the parties by dividing into two or more parts before and after them as of December 17, 2016.

4. The lessee shall pay 70,000,000 won for facility costs and costs of housework, and the lessee shall pay to the lessor by June 20, 2017.

5. A lessee 2 C agrees to a contract by a legal guardian B as a minor, and C shall delegate all rights to B until the mother becomes an adult.

[Separate 1 (Matters in Special Agreement)]

1. Of the rental deposit of KRW 100,000,000, 50,000 shall be deposited as the down payment on December 7, 2016, and the remainder amount of KRW 50,000,000 shall be calculated by calculating the market interest rate of KRW 8% until May 28, 2017;

(2) If the remainder 50,000,000 won is not deposited until May 28, 2017, the contract is wholly null and void. The lessee cannot waive the down payment of KRW 50,000,000 as penalty, and may not assert any right, and immediately return the building to the lessor.

3. Facility costs and money for housework shall be KRW 70,00,000; for KRW 70,000,000, it shall be reserved from June 20, 2017 to December 30, 200; where the period has expired, it shall be calculated from December 20, 2016 to 8% interest at the time of default; and where the facility costs and money for housework are not paid in full by December 30, 2017, it shall be offset against the deposit.

5.In the event that it is the monthly rent, the lessee does not claim any right against the lessor at the time of the unpaid rent.

유사 판례

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