beta
Text
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. On July 2, 2012, the Plaintiff concluded a lease agreement with the Defendant to lease KRW 520,000,000 (hereinafter “instant lease agreement”) for the rental deposit with the Sung-nam-si, Sungnam-si (hereinafter “instant building”) owned by the Defendant, for a fixed period from August 5, 2012 to August 4, 2014 (hereinafter “instant lease agreement”), and agreed to pay KRW 52,00,000 on the date of the contract to pay KRW 468,00,000 on the date of the contract, and the remainder to pay KRW 468,00,000 on August 5, 2012.
B. At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant agreed to notify the lessor or the lessee of the nonperformance of the lease agreement in writing, the other party may rescind the contract, claim damages arising from the cancellation of the contract, and claim the down payment based on the compensation for damages.
(Article 6). (c)
The Plaintiff paid 52,00,000 won to the Defendant on the date of conclusion of the instant lease agreement, but did not pay the remainder to the Defendant on August 5, 2012, which is the remainder payment date.
The Plaintiff intended to move to the instant building on August 8, 2012, but did not move to the instant building against the Defendant.
E. On August 30, 2012, the Defendant notified the Plaintiff of the termination of the instant lease agreement on the ground that the Plaintiff did not perform his/her duty to pay the remainder of the lease on the grounds that the Defendant did not express any particular intent from the Plaintiff regarding the implementation of the instant lease agreement.
[Ground for Recognition: Facts without dispute, Gap 1 through 5 (including paper numbers), Eul 1-1-1, and the purport of the whole pleadings]
2. Determination:
A. The Plaintiff’s summary of the Plaintiff’s assertion sought to move into the leased object without preparing any balance on August 8, 2012, which was three days after the payment date of the remainder under the instant lease agreement. However, the Defendant refused to deliver the instant building and thus rescinded the instant lease contract.