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(영문) 광주지방법원 2017.08.11 2016나60170
계약금반환 등
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. On October 28, 2014, the Defendant purchased C’s gas station site 538.5 square meters (hereinafter “instant land”) and buildings on the land.

B. On October 30, 2014, the Defendant entered into a lease agreement with E, the representative of E, a stock company, for the purpose of discount (distribution), etc. on the instant land and the buildings to be newly constructed on the said land, to pay KRW 100 million for lease deposit, KRW 12 million for the monthly rent, and KRW 20 million for the term of lease from December 26, 2014 to December 26, 2024, and KRW 20 million for the down payment from December 27, 2014, and the Defendant paid the Defendant the down payment of KRW 20 million for the remainder of the contract and KRW 80 million for the contract.

C. Although the Defendant completed the registration of ownership transfer regarding the instant land, etc. on December 26, 2014, E did not pay KRW 80 million out of the lease deposit to the Defendant.

Defendant and E requested the design of new construction of marina-use buildings, and accordingly, on April 27, 2015, the construction permission under Defendant’s name was issued, and the new construction construction was commenced on May 30, 2015.

(hereinafter referred to as the “instant building”) of the said new building

On August 7, 2015, when the construction of the instant building was in progress, the Plaintiff entered into a lease agreement with the Defendant, stating that KRW 100 million, monthly rent of KRW 10 million, and KRW 40 million, from September 1, 2015 to September 1, 2025, with respect to the entire building of the instant land and the instant building, the lease agreement was concluded between the Plaintiff and the Defendant that KRW 60 million will be paid as of September 1, 2015 (hereinafter “instant lease agreement”).

The terms and conditions of the instant lease agreement are as follows:

1.The above real estate shall be leased under the present construction and under the condition of the basic facility at the time of completion.

2.The term of lease shall be ten years contract, and shall be five years from the completion date, with the monthly rent of 10 million won and the monthly rent of 11 million won from five years to the expiration date of the term of lease.

3. The lessee shall be.

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