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Reasons
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(영문) 창원지방법원 2017.06.22 2016가단104947
건물인도 청구의 소
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1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The Plaintiff (Counterclaim Defendant) is 100,000,000 won against the Defendant (Counterclaim Plaintiff).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts constituting the basis;

A. On March 6, 2014, the Plaintiff, the owner of the building indicated in the attached list (hereinafter “instant apartment”) to enter into a lease agreement, concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit of KRW 100,000,000, monthly rent of KRW 1,200,000, and the lease term of KRW 20,000 from March 22, 2014 to March 21, 2016.

B. On January 9, 2016, the Plaintiff entered into a sales contract with C, with the terms that KRW 585,00,000 for the instant apartment, and KRW 35,000 for the down payment, KRW 100,000 for the intermediate payment on the date of the contract, and KRW 450,000 for the intermediate payment on February 21, 2016, and KRW 450,000 for the remainder payment on March 31, 2016, and received KRW 35,00,000 for the down payment on the date of the contract from C.

(hereinafter “instant sales contract”). C.

On December 11, 2015, the Plaintiff sent a letter verifying the content of the instant lease contract to the Defendant, but returned as rejection. On January 5, 2016, the Plaintiff sent the instant apartment to the Defendant by telephone, and received the down payment, and thus, the instant lease cannot be renewed. (2) However, on March 31, 2016, the date of payment of the purchase and sale balance, the Defendant was not present at the site of payment of the purchase and sale balance, and the instant contract was rescinded between the Plaintiff and C. The Plaintiff returned the down payment and the intermediate payment of KRW 135,00,000 (= KRW 35,000,000). On April 11, 2016, the Plaintiff paid KRW 35,500,000 as penalty for breach of contract.

On May 17, 2016, the Defendant delivered the instant apartment to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion is that the Defendant concluded the instant lease contract.

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