beta
Text
1. The Defendant’s KRW 32,161,291 as well as 5% per annum from May 31, 2015 to February 7, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On January 25, 2014, the Plaintiff and the Defendant entered into a lease agreement with the terms of KRW 10,000,000 for the lease deposit, KRW 1,000,00 for the rent month, and the contract term from March 5, 2014 to March 4, 2015 (hereinafter “instant lease agreement”). The Plaintiff paid KRW 10,000,000 for the lease deposit to the Defendant and operated the secondhand on the instant land.
B. Since then, the instant lease was implicitly renewed.
C. On April 21, 2015, the Plaintiff entered into a sales contract with the Defendant to sell all of the instant solid facilities for KRW 40,000,000 (hereinafter “instant sales contract”). The details are as follows.
The land of this case is subject to sale and purchase of a unit of compensation (two container container, toilets, electricity, sound, fences, etc.) for the main facilities and Jung-gu Office on the ground of this case.
It is a valid contract when business registration has been made.
The report on discontinuance of business shall be filed by the buyer and seller.
Any balance shall be paid on May 30, 2015. D.
The Plaintiff received KRW 4,00,000 from the Defendant on April 21, 2015, the intermediate payment of KRW 10,000,000 from the Defendant on April 28, 2015, and delivered the instant solid and the instant land to the Defendant on May 30, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination as to the cause of action
A. On April 21, 2015, the lessor, who is a lessor, determined on the grounds and grounds for the termination of the lease contract, as to the claim for the return of the lease deposit, provided that the Defendant purchased all of the instant high-water facilities from the Plaintiff, the lessee, and pay any balance to the Plaintiff on May 30, 2015. The Plaintiff’s delivery of the instant high-water facilities and land to the Defendant on May 30, 2015 is as follows: (a) based on the fact that the Plaintiff delivered the instant high-water facilities and land to the Defendant on May 30, 2015; (b) Accordingly, the Plaintiff and the Defendant concluded the said lease contract on May