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(영문) 서울중앙지방법원 2016.10.07 2016가단5014822
임대차보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 50,000,000 and its amount from August 23, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Under the underlying facts, facts may be found either in dispute between the parties or in combination with Gap evidence of 1 to 3, Eul evidence of 1, witness D's testimony of the whole purport of the pleadings.

On August 27, 2015, the Plaintiff concluded a contract with the Defendants for selling KRW 55,00,000 square meters of KRW 103 square meters of the 7th floor in Kimpo-si, Kimpo-si, and KRW 43.98 square meters of the 1st floor in the same building in KRW 645,00,000, respectively, and stipulated the following matters as a special agreement.

- Only one hundred thousand and one hundred eight pharmacies;

- Of note 103 and 108, deposit 20 million won and monthly rent 6 million won, on terms and conditions of sale, shall be subject to sale.

【Security Deposit KRW 200,000 shall be offset from the intermediate payment, and the monthly rent from the fourth year to the fourth year shall be determined by the value-added tax rate of KRW 7,00,000.】

B. On September 21, 2015, the Plaintiff entered into a lease agreement with the Defendants on September 21, 2015, with the terms that deposit KRW 200 million, term of September 21, 2015, from September 21, 2015 to September 20, 2020, and the monthly rent of KRW 600,000 (the rent is KRW 7,00,000,000,000,000) for the said rent to be paid on September 21, 2015, and the said rent is to be paid on the 21st day of each month.

The first lease contract is called ‘the first lease contract'.

(2) At the time, the Plaintiff stipulated the following special terms with the Defendants. - The lessor is exempt from the rent from September 21, 2015 to December 20, 2015. - The deposit amount of KRW 200 million should be deducted from the sale price. - When the present lessee has occupied another tenant under the same conditions, the lessor should pay the deposit amount of KRW 200 million to the present lessee immediately.

C. On September 21, 2015, on the store Nos. 103 and 108, the registration of ownership transfer was made in the name of the Defendants.

After that, the above 103 and 108 stores are merged and the registration of the change of indication is made with 103 m2 and 81.98m2 of the same building on October 14, 2015.

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