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(영문) 서울고등법원 2016.11.03 2016나2022736
계약금 등 반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

(a)If the assignee has failed to comply with the terms and conditions of this contract, the other party may give written notice to the person who has defaulted and rescind the contract;

In addition, the parties to the contract may claim the other party for the penalty following the cancellation of the contract, and the down payment shall be considered as the standard for penalty.

(3) The transferor shall endeavor to conclude a lease agreement with the owner and the transferee to the maximum extent possible on the basis of the terms and conditions of the lease agreement (any change may be made at the request of the owner) set forth below, and where the lease agreement is not normally concluded or does not proceed, the quantity of this right and the water supply contract shall be rescinded and the down payment and the intermediate payment received by

3. The owner of the terms and conditions of the lease of the object to be transferred or taken over: The lease deposit amount: KRW 100,000,000 for the day of the lease deposit (Article 100,000), KRW 60,000 for the monthly rent (Article 10,000), and KRW 10,000 for the monthly rent when the owner of the building and the renewal of the lease have notified the assignee of the fact that there may be a somewhat change in the monthly rent of KRW 10,000 for the daily rent at the time of the renewal of the lease.* The plaintiff confirmed that the sum of the deposit and the deposit for the lease was KRW 30,00,000,000 for the total amount and KRW 27,000,000 on December 27, 2014, and KRW 60,000,000 on February 13, 2015, respectively, did not bring about the problems of the lease and the plaintiff in the instant contract.

2. On May 26, 2015, the Plaintiff sent a written notice to the Defendant requesting the return of the down payment, intermediate payment, etc. by content-certified mail, and the said written notice reached the Defendant around that time.

The main contents of the above notification.

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