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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On August 21, 2017, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant on a multi-story building of reinforced concrete structure D, 106.25 square meters and multiple floors (sub-story) 102.87 square meters (hereinafter referred to as “instant real estate”) of Changwon-si, Changwon-si, the Defendant owned between the Defendant and the Defendant, and the main contents are as follows.
Article 1. The deposit shall be paid and received at the time of the contract when the contract is entered into. The remainder shall be paid and paid in September 5, 2017. The remainder shall be paid in September 5, 2017.
Article 2 [Duration] A lessor shall deliver the above real estate to the lessee by September 5, 2017 in a condition that it can be used for the purpose of the lease, and the term of lease shall be from the date of delivery to September 4, 2019 (month).
Article 3 (Change of Use, Sub-lease, etc.) A lessee shall not change the purpose or structure of the above real estate, transfer the right of lease or offer the security thereof, nor use it for any purpose other than the purpose of lease without the consent
Article 4 (Termination of Contract) If a lessee violates Article 3, the lessor may terminate the contract immediately.
Article 6 [Cancellation of Contract] Before a lessee pays an intermediate payment (if there is no intermediate payment, the remainder) to a lessor, a lessor shall repay a double the down payment, and the lessee may waive the down payment and rescind this contract.
Article 7 [Non-performance of Obligations and Compensation for Damages] If a lessor or lessee has defaulted on the terms of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.
In such cases, the parties to the contract may respectively claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed.
[Matters of Special Agreement]
8. Any balance of a loan shall be at least KRW 100 million and the remainder shall be repaid.
(b).