(영문) 대구지방법원 2015.02.06 2013가합9684

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(영문) 대구지방법원 2015.02.06 2013가합9684

보증금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 15, 2011, the Defendant: (a) obtained a construction permit from the Gu and the Gu; (b) completed construction works of the F building with a size of the fourth floor above the ground level above the ground level (hereinafter “instant building”); and (c) thereafter, completed construction works of the instant building from around that time.

B. On January 13, 2012, the Plaintiff concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”).

The location: The structure and purpose of use of the building F 1st floor in operation in Gyeong-gu, North America: The area of a store to be leased from a reinforced concrete structure hospital: 10 million won per day: The remainder of the down payment of 120,000,000 Won Won Won Won per day ( e.g. 120,000,000): the lease shall be delivered to the lessee by July 2012 in such a condition that the lessor can use and benefit from the above real estate for the purpose of the lease, and the lease period shall be from the delivery date to July 2014.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

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

The increase or decrease of 10 square meters out of the building (10 square meters) shall be discussed later.

C. On January 18, 2013, the Plaintiff paid KRW 120 million to the Defendant the lease deposit under the instant lease agreement.

The instant building was completed on February 7, 2013, and on February 7, 2013, registration of ownership preservation was completed in the name of C as to the instant building.

E. The Plaintiff’s instant case around September 3, 2013 to the Defendant.

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