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(영문) 광주고등법원(전주) 2019.05.02 2018나11478
계약금등반환 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 7, 2016, the Plaintiff entered into a lease agreement with the Defendant on the entire underground floor among the buildings located in Seojin-gu, Seoul Special Metropolitan City E, Seojin-gu, Seoul Special Metropolitan City on May 7, 2016. The main contents of the instant lease agreement are as follows (hereinafter “instant lease agreement”) or “instant lease agreement”.

A) Location of Article 1 (Indication of Real Estate) of the Real Estate Lease Agreement: approximately KRW 600 square meters (hereinafter “the subject matter of lease of this case”) of the second underground floor E in Dongdaemun-gu, Seoul Special Metropolitan City.

For purposes: Deposit money under Article 2 (Deposit) of the funeral home shall be KRW 800,00,000; monthly rent shall be KRW 11,00,000 and the Plaintiff shall pay to the Defendant as follows: Provided, That the monthly rent shall be KRW 8,00,000 for one year after occupancy (one month-12 months). Monthly rent shall be KRW 10,000 for two years after occupancy (13-36 months). The monthly rent shall be KRW 30,000,000 (Won 300,000,000,000) for six (200,000,000,000 won for six (20,000,000,000) for six (30,000,000,000,000) for six (30,000,000,000,000) for six (1) years prior to the completion of construction work.

Matters of special agreement

2. The subject matter of the instant lease used by the Plaintiff is a funeral hall, and thus, the Plaintiff and the Defendant would obtain permission related thereto under consultation.

3. Since it is possible to operate the leased object of this case to change it to medical facilities of a medical corporation, the lessor is changed after completion of the permission and the contract is concluded again with the Plaintiff.

Current conditions shall be maintained as they are at the time of change.

4. Funeral parlors.

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