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(영문) 대구지방법원 2016.01.21 2015가합599
사용료선금반환및손해배상
Text

1. As to the Plaintiff KRW 905,123,875 and KRW 550,00,00 among them, the Defendant shall pay to the Plaintiff KRW 355,123,875.

Reasons

1. Basic facts

A. The Plaintiff, a corporation, established for the purpose of real estate development, sale in lots, lease, and sale, shall open a model house for the apartment house (the apartment house (the apartment house (the apartment house of this case) located in Daegu-gun (hereinafter referred to as “the apartment house of this case”) on May 15, 2014, from the Defendant, a corporation established for the purpose of housing construction business on May 15, 2014. A temporary building located on approximately 2,000 square meters of the 18,214 square meters leased by the Defendant from Nonparty D (hereinafter referred to as “instant model house”) among the 18,214 square meters leased by the Defendant, and the entire object of the lease contract shall be referred to as “the leased real estate of this case” from June 14, 2014 to October 14, 2014 to KRW 200 million, including rents, = 180,000 won of the goods cost of KRW 200,000.

H. The value-added tax is set and accepted as separate). D entered into a contract to invalidate a contract where D does not consent to an underwriting agreement for land and model housing, and on May 16, 2014, the Defendant paid KRW 22 million to the Defendant (Evidence A 1, Evidence A 4-1, Evidence A 22-3, Evidence A 34-1, Evidence A 6-3). B. (b) The Plaintiff and the Defendant, on July 3, 2014, who did not obtain consent from D to an underwriting agreement for the said land and model housing, did not use the model housing of this case until December 30, 2014, and guaranteed the Defendant’s use (hereinafter “instant contract”).

(C) On June 25, 2014, when the Defendant used the model voucher of this case, the amount of KRW 22,000,000,000,000, which was already paid as the down payment was replaced by the down payment, and on July 17, 2014, the Defendant paid the remainder of KRW 528,000,000 to the Defendant (Evidence A Nos. 2, 21, A No. 34-3, and B-6-3). Meanwhile, D included the land of this case and the site for the use of the model voucher of this case as the model voucher of this case and the leased real estate of this case (hereinafter “instant model voucher, etc.”).

(1) 1.3 billion won (value-added tax) for the contract amount.

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