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Defendant B shall pay to the Plaintiff KRW 285,00,000 as well as 12% per annum from December 25, 2020 to the day of full payment.
Reasons
1. Basic facts
A. On July 29, 2019, the Plaintiff entered into a lease contract with Defendant B and Busan Jung-gu F parking lot (hereinafter “instant parking lot”) with respect to KRW 400,000,000 for the lease deposit (an amount of KRW 40,000 for the intermediate payment shall be paid at the time of the contract, and an amount of KRW 160,000 for the intermediate payment shall be paid at the time of August 15, 2019; KRW 200,000 for the remaining amount shall be paid at September 20, 2019; and the lease contract shall be paid at KRW 8,00,000 for each of the following items from September 20, 2019 to September 20, 200 for the lease contract:
As of the date of the conclusion of the contract, the relationship of the interest in the registration was confirmed under the entry of interested parties as of the date of the contract, and the consent of the lessee shall be sought at the time of the establishment of any right
Upon the receipt of any balance and the commencement of a lease agreement, a lessor shall cancel all rights such as collateral security, lease on a deposit basis, lease on a deposit basis, seizure, etc. except for the right to collateral security, lease on a deposit basis, lease on a deposit basis, and consent to the establishment of a lease on a deposit basis by a lessee under this contract.
2-1.The lease contract shall be rescinded when the lessor is unable to comply with the foregoing 2 terms and conditions, and shall pay to the lessee penalty (a double the down payment) due to any cause attributable to the lessor.
3. A lessor shall execute an order issued by a lessee of a parking lot, simultaneously with the receipt of part payments, and a new lessee and a new lessor shall operate a parking lot jointly, and shall guarantee a portion less than the rent of the relevant month if the revenue of a lessee is less than seven million won a month after calculating the net profit (net profit: An operator shall be the operating standard for a tenant and a lessor and the amount of net profit calculated by subtracting public charges incurred in relation to the monthly rent and operation);
B. On August 5, 2019, Defendant B sold the instant parking lot to Nonparty H and I (hereinafter “H”) for KRW 3,800,000,000 (hereinafter “instant sales contract”).