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(영문) 서울남부지방법원 2015.10.22 2015나52461
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 21, 2010, the Plaintiff leased a building listed in the attached Table’s real estate list (hereinafter “instant building”) to the Defendant with a deposit of KRW 430 million, monthly rent of KRW 9 million, and the lease period from November 10, 2010 to November 9, 2012.

(hereinafter “Lease of this case”). (b)

The Plaintiff filed a lawsuit against the Defendant for the termination of the instant lease agreement on the grounds of delinquency in rent as the Changwon District Court Decision 201Ga26264, and seeking the delivery of the instant building and the payment of the monthly rent. On October 11, 2011, the Defendant received KRW 420 million from the Plaintiff by October 31, 201, and delivered the instant building to the Plaintiff at the same time as the Defendant received payment of KRW 420 million from the Plaintiff until October 31, 2011, and the Plaintiff was simultaneously paid KRW 420 million to the Defendant by October 31, 201 (hereinafter referred to as the “instant adjustment”).

(No. 1). (c)

On February 8, 2012, the plaintiff and the defendant agreed to enter into an agreement different from the content of the instant conciliation.

(A) Evidence 2, hereinafter referred to as the “Agreement 1”).

On June 5, 2012, the Plaintiff, through the brokerage of the C Licensed Real Estate Agent Joint Office, sold to D the instant building and its site, and all business facilities, including facilities, etc. in the instant building (hereinafter “instant building, etc.”) to KRW 1.6220 million, and agreed to receive a loan with the instant building and its site as security, after deducting the loan from the purchase price, to be paid on June 12, 2012.

(hereinafter “instant sales contract”). E.

On June 7, 2012, the Defendant agreed to pay to the Plaintiff KRW 15 million by June 12, 2012, which was the remainder of the instant sales contract, on the Plaintiff’s payment of the Plaintiff’s balance from D buyer D.

(A) Evidence No. 1, hereinafter referred to as “Agreement No. 2”). (f) D raises objection to the Defendant on or before June 12, 2012.

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