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(영문) 인천지방법원 부천지원 2018.07.11 2017가단114711
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Lease contract;

A. On March 22, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease part of the instant real estate-based building, Kimpo-si and one parcel of land (hereinafter “instant real estate”) with a deposit of KRW 20 million, monthly rent of KRW 1250,000 (excluding value-added tax), and the period from May 10, 2017 to May 9, 2019 (hereinafter “instant lease agreement”), and agreed to pay the remainder deposit of KRW 0,000 on May 10, 2017.

B. From March 27, 2017, the Plaintiff received the instant real estate and installed the facility construction work. The Plaintiff and the Defendant changed the remainder payment date to June 10, 2017.

[Ground for Recognition: Facts without dispute, Gap evidence 1-1-2, the purport of the whole pleadings]

2. The summary of the parties’ assertion was the cause of the instant claim, and the instant lease agreement was invalidated on the condition that the instant lease agreement was concluded on the condition that the building of a brick and the building of a road access, but the conditions were not fulfilled due to the Defendant’s fault

Inasmuch as the instant lease contract was cancelled on the ground of the Defendant’s nonperformance, the Defendant did not have agreed on the condition that the space of bricks and the construction of the vehicle would be made up of KRW 74,721,780, including the return of down payment KRW 68,090,000 and the purchase cost of KRW 6,631,780, such as furniture and 68,631,780, as the restoration of the original state to the Defendant and the purchase cost of KRW 68,780, such as household and argument, which was paid to the Defendant as the restoration of the original state. Rather, the Defendant did not agree on the condition that the Plaintiff did not pay the deposit

3. Judgment on the plaintiff's recommendation for cancellation, etc.

A. First, as to whether the instant lease contract was concluded on the condition of building a brick space and building a vehicle access road, it is clear whether the Plaintiff’s assertion alone constitutes a condition of suspension or cancellation.

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