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(영문) 부산지방법원 2016.11.08 2015가단32390
계약금등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The ownership of real estate and the registration of change of the right to lease on a deposit basis (hereinafter “instant loan”) No. 302 (hereinafter “instant real estate”) owned by the Defendant, and based on the facts.

1) As seen in the foregoing paragraph, at the time of entering into the instant lease agreement, the registration of change of lease on a deposit basis for the instant real estate amounting to KRW 100 million, its duration from December 26, 2012 to December 25, 2014, and the registration of change of lease on a deposit basis as D with a person having chonsegwon (hereinafter “registration of lease on a deposit basis”).

B. (B) On December 9, 2014, the Plaintiff entered into a lease agreement with the Defendant that: (a) the Plaintiff would rent the instant real estate from the Defendant as the deposit amount of KRW 115 million; and (b) the period from April 20, 2015 to April 19, 2017; and (b) the Defendant would pay KRW 5 million as the down payment on the date of the contract; (c) the intermediate payment was made on March 1, 2015; and (d) the remainder payment of KRW 80 million as the remainder payment on April 20, 2015 (hereinafter “instant lease agreement”).

2) The terms and conditions of the instant lease agreement, which were entered into at the time, are as follows. The current lessee’s moving-out of the lessee includes the following: (a) the lessor is responsible for the settlement of the cell site, Domina, Domina, and Domina; and (b) the lessor, upon the receipt of an intermediate payment, transfer the remainder to the current lessee’s D account immediately. The lessor may immediately transfer the remainder to the current lessee’s D account. The lessor is entitled to consent to the registration of establishment of chonsegwon. (c) The Plaintiff paid the Defendant KRW 5 million for the down payment on December 10, 2014, and KRW 30 million for the intermediate payment on February 24, 2015, respectively.

C. As seen earlier, the Plaintiff paid an intermediate payment of KRW 30 million to the Defendant on March 2, 2015, the Defendant returned KRW 30 million as part of the security deposit to D on March 2, 2015 in accordance with the terms and conditions of the instant lease agreement, and received an order from D on March 9, 2015.

The cancellation of the registration of chonsegwon and the remainder.

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