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(영문) 부산지방법원 2017.11.21 2016가단352466
매매대금반환
Text

1. The Defendant’s KRW 35,00,000 and its amount shall be 6% per annum from January 11, 2017 to November 21, 2017 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a merchant who was seeking to operate the “Cmanmarket” in each real estate listed in the separate sheet (hereinafter “each real estate of this case”). The Defendant is a person who entered into a lease agreement with the Plaintiff regarding each real estate of this case.

On March 23, 2015, the Defendant entered into a supply contract with the Co., Ltd. that purchased each of the instant real estate newly built and sold by the company.

3. This contract is a contract for the use of the number of rooms of 301 to 114, 306 to 304, 114, from Gangseo-gu, Busan, for a Schlage, that the lessor may sell the leased object after the expiration of the contract period or during the contract period. If the lessee's purchase is not possible, the lessee shall be entitled to preferential purchase, and the lessee's rights and obligations shall be succeeded to a third party.

4. The total amount of deposit for Busan Gangseo-gu D Prize No. 301-114, 306-114, the total amount of deposit for 350,000 won, and the monthly rent shall be 11,000,000 won.

(Individual Security Deposit and Monthly Tax shall be divided into 106,00 won, monthly security deposit of KRW 30,000,000 and KRW 1,400,000, monthly security deposit of KRW 107 through 114, and KRW 40,000, monthly security deposit of KRW 120,000 and KRW 1,20,000, monthly security deposit of KRW 107 through 114 shall be written, respectively).

5. The foregoing KRW 35,00,000, which is 10% of the total deposit for the said 3 Articles 9 and 3,50,000,000, shall be the down payment, and the deposit shall be paid and received KRW 10,00,000 on September 25, 2015, which is the date of the contract, and the remainder of the down payment shall be remitted by October 8, 200,000.

At the time of transfer completion, the contract of the entire nine rooms shall be deemed to have been completed, and the down payment by individual heading rooms shall also be received.

8. This Agreement shall be rescinded, without any terms and conditions, if the franchise store contract is not concluded between the lessee and the Schlage by the end of October 2015, this Agreement shall be rescinded.

On September 25, 2015, the Plaintiff: (a) between the Defendant and the Plaintiff, the sum of KRW 350,000,000, and the rent between the Defendant and the Plaintiff.

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