(영문) 수원지방법원 2015.12.24 2015가합63131

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(영문) 수원지방법원 2015.12.24 2015가합63131

임대보증금등

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1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 250 million to the plaintiff.

Reasons

1. Basic facts

A. On October 2, 2014, the Defendant concluded a sales contract with C and C to purchase real estate listed in the separate sheet (hereinafter “instant apartment”) with KRW 262 million (hereinafter “instant sales contract”).

B. On October 4, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the instant apartment by setting the lease deposit amount of KRW 240 million from the Defendant, and the term of lease from December 5, 2014 to December 4, 2016, with the following terms (hereinafter “instant lease agreement”).

Apartment Lease Contract

1. Apartment of this case with indication of real estate;

2. Article 1 (Purpose) of the Terms of Contract provides that only the lease of the above real estate shall pay the lease deposit as follows.

Deposit KRW 240 million shall be paid at the time of the contract and the intermediate payment of KRW 150 million shall be paid on November 21, 2014 and the remainder KRW 70 million shall be paid on December 5, 2014.

(A) If the defendant or the plaintiff fails to perform any of the terms and conditions of this contract under Article 7 (Non-performance of Obligations and Compensation for Damages), the other party may notify in writing the person who has failed to perform the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party for the cancellation of the contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

(A) [Aggravated special agreement] (a summary)

3. 피고는 본 물건에 외벽샷시, 화장실 2개 수리, 싱크대, 신발장 등은 교체해주며, 앞뒤 베란다 페인트, 문짝 페인트, 도배, 장판 등을 해주기로 한다.

4. Terms and conditions not to lend money to the goods (hereinafter referred to as "loans").

C. On December 5, 2014, the Plaintiff received the instant apartment from the Defendant, and paid KRW 240 million to the Defendant the lease deposit under the instant lease agreement.

The defendant completed the registration of ownership transfer on March 6, 2015 with respect to the apartment of this case, and D.

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