beta
Text
1. The defendant
(a) deliver the buildings listed in the separate sheet;
(b)payment of KRW 15.6 million;
C. November 2017
Reasons
1. Facts of recognition;
A. On October 30, 2015, the Plaintiff entered into a contract with the Defendant on the lease of the building listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 10 million, KRW 650,000 per month (payment on November 5, 2015), and the period from November 5, 2015 to November 4, 2017.
B. On February 21, 2016, the Plaintiff and the Defendant changed the terms and conditions of the said lease to KRW 5 million, KRW 700,000 per month (payment on May), and the period from February 21, 2016 to November 4, 2017.
C. The above lease agreement was terminated on November 4, 2017 (the Defendant also prepared and delivered a letter thereof to the Plaintiff on July 2, 2017). Nevertheless, the Defendant delayed to pay a total of KRW 5.6 million until the end of the said lease agreement. Since November 5, 2017, the Defendant continued to occupy the instant building and did not pay an amount of money equivalent to the rent.
On the other hand, on September 30, 2017, the Plaintiff entered into a contract to sell the instant building in KRW 165 million to C, and received KRW 17 million as a down payment. On the other hand, the date of delivery of the building was set on November 4, 2017.
However, Article 5 of the sales contract provides that the seller may repay the amount of the sales contract to the seller and rescind the contract until the buyer pays the intermediate payment or the remainder. On September 24, 2017, the Plaintiff sent a text message to the Defendant on November 4, 2017 as scheduled. On October 30, 2017, the Plaintiff sent a telephone text message to deliver the said building to the Defendant. Moreover, the Plaintiff sent a text message to deliver the said building to the Defendant as agreed upon.
E. However, as the Defendant continued to occupy the instant building by November 4, 2017 without delivering it, the Plaintiff would pay the down payment of KRW 17 million and the amount of damages paid to C by November 16, 2017, in preparing the “written rejection of real estate termination” with C on November 16, 2017, by paying all the said sum to C by November 25, 2017.