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(영문) 서울고등법원 2018.10.26 2018나2031499
정산금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer for each of the instant real estate owned by D on March 6, 2014 on the same day.

(A) Certificate No. 1, if not indicated specifically, including branches numbers; hereinafter the same shall apply)

B. On February 15, 2014, E entered into a contract between the Plaintiff and the Plaintiff under which the construction project to extend the real estate specified in the attached Table 2 (hereinafter “instant building”) to a convalescent hospital (hereinafter “instant construction project”) was the contract amounting to KRW 666 million and the construction period from March 11, 2014 to July 4, 2014. However, the construction project failed to proceed as scheduled due to the lack of construction funds.

1. Before moving in, the lessor (the “C”; the same shall apply hereinafter) completes the work of processing elevators, fire-fighting systems suitable for medical facilities, disabled facilities, and underground water leakage.

2. A lessee (the defendant refers to the defendant; hereinafter the same shall apply) shall not restore the facility to its original state after the lease period expires;

3.This Agreement shall have been agreed upon by both parties.

4. A lessee shall set up a chonsegwon on a building; and

5. After the opening date, the owner of the building shall be changed from C to E, and the contract shall be prepared under the same conditions;

C. On July 4, 2016, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C on the condition that each of the instant real estate is leased from C as the lease deposit amount of KRW 500 million, monthly rent of KRW 600,000,000, and five years from the date on which the lessee has delivered the commercial building to be able to use and benefit from the commercial building for the purpose of the lease,” and the instant lease agreement contains special terms and conditions as follows.

With regard to the payment of KRW 500 million of lease deposit, the instant lease contract is KRW 100 million of the intermediate payment at the time of concluding the contract, and KRW 200 million of the intermediate payment on July 15, 2016.

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