(영문) 광주지방법원 2016.03.22 2015가단6550

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(영문) 광주지방법원 2016.03.22 2015가단6550

계약금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 23, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the 203rd floor (hereinafter “instant commercial building”) among the buildings located in the Gwangju Mine-gu, Gwangju (hereinafter “instant commercial building”) owned by the Defendant, and paid the down payment of KRW 30 million to the Defendant on the same day.

The main contents of the instant contract are as follows.

Lease deposit: 30 million won: 30 million won at the time of a contract - intermediate payment - KRW 170 million at the time of the completion of change of use - Amounting to KRW 100 million after three months of change of use - Before the lessee pays intermediate payment to the lessor, the lessor shall reimburse the down payment, and the lessee may waive the down payment and cancel this contract.

Monthly Rent: The lease term of KRW 15 million (including value added tax, KRW 16.5 million): The lease shall be borne by the lessor with the total construction cost and necessary expenses of all additional facilities up to the change of purpose of use and acquisition of hospital authorization from February 2, 2015 to February 2, 2020.

The facility construction corporation shall be the lessee, but the lessee shall be responsible for acquiring the change of use.

(2) A lessor shall be exempted from rents for one month from the date of alteration of use.

(3) A lessor shall agree to cancel a contract when the change of use is impossible.

(5) A lessee shall have the right to pledge an intermediate payment of KRW 170 million under the name of a lessee on January 15, 2015.

B. However, unlike the above agreement on January 15, 2015, the Plaintiff did not set up a pledge against intermediate payment to the Defendant on January 15, 2015, and did not implement a pledge on January 20, 2015.

Therefore, although the Defendant again requested the Plaintiff to set up a pledge on January 21, 2015, the Plaintiff did not comply with the request.

C. Accordingly, on January 22, 2015, the Defendant sent the notice of termination of the contract to the Plaintiff on the ground of the nonperformance of the pledge on intermediate payment by content-certified mail.

On the other hand, prior to the conclusion of the instant contract.

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