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(영문) 수원지방법원성남지원 2020.10.28 2020가단209760
약정금
Text

The defendant shall receive from the plaintiff the 11th E of the 11st floor among the 24th floor buildings of Eunpyeong-gu Seoul Metropolitan Government.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Defendant on October 2017, 2017, the 11th E of the 24th floor of the Eunpyeong-gu Seoul Metropolitan Government D Building 24th floor (hereinafter “instant building”).

(2) Around January 25, 2019, the Plaintiff and the Defendant drafted a building name agreement (hereinafter “instant agreement”) with the following contents, on the following grounds: (a) around November 30, 2017 to November 29, 2019: (b) around 2018, the Plaintiff provided that the Defendant cannot use the leased object normally due to heat and noise generated in the subparagraph F, next to the instant building; and (c) around January 25, 2019:

A: Defendant B: After the date of a real estate lease agreement, Plaintiff A confirmed that the normal purpose real estate could not be used due to heat and noise generated from F (owners G Co., Ltd.) inside the building from June 2018, which was after the date of the lease agreement, and that Party B consented to the waiver of the benefit of the initial contract period and the relocation of the office, and agree to compensate for the amount of damages incurred by the incomplete use of the cost incurred prior to the date of the lease agreement, KRW 25 million.

② A shall pay the total amount of KRW 30 million for the initial lease deposit and KRW 50 million for the damages agreed above, as follows:

A shall sell real estate at an early stage, and shall pay KRW 20 million by the day following the receipt of the sales contract.

B. Payment of KRW 30 million by the day following the date of receipt of the intermediate payment of the above sales contract

(c) B above b.

The real estate shall be restored to the original state before receiving the amount prescribed in the following items, and the management expenses imposed (not later than the end of February 2019) by the end of February 201 shall be paid.

B shall request KRW 5 million in the balance after completing the relocation of the H and four corporations, other than the agricultural corporations registered at the location of the above real estate.

E. Where the sale of the above real estate does not take place until February 15, 2019, February 18, 2019.

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