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(영문) 부산지방법원 2016.03.31 2015가단51513
임대차계약무효확인의소
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) B are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts [the terms and conditions of the instant lease agreement] - Deposit: 120 million won in a contract deposit, the remainder payment of which is 12 million won in a contract deposit, which is 18 million won in a contract deposit, on June 16, 2016 - The term of lease: Article 7 (Non-performance of Obligations and Compensation for Damages) from June 16, 2016 to June 16, 2018, may be notified in writing and the other party may cancel the contract if the lessor or lessee fails to fulfill the terms and conditions of this contract.

In such cases, the parties to a contract may claim against each other of the damages following the rescission of the contract, and the contract deposit shall be deemed to be the basis for compensation for damage, unless otherwise agreed

[Matters of Special Agreement]

1. This article shall be within the redevelopment area and shall be relocated even before the expiration of the contract term if the project is implemented;

2. To reinstate the leased object to the lessee when it is damaged;

3. The lessee shall be liable for damages caused by loss or damage caused by the lessee.

4. The lessee has directly left the principal thing; and

5. Other matters shall be governed by the Civil Act and the custom.

6. The Dog and the lag shall be set at the end of the year by the lessor.

On May 8, 2015, under the brokerage of Defendant C, a licensed real estate agent, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with Defendant B on the following terms and conditions as to Down-gu, Busan (hereinafter “instant loan”) No. 202, 58.39 square meters (hereinafter “instant loan”).

B. A dispute arises between the Plaintiff and Defendant B before the date of the remainder payment after the conclusion of the instant lease agreement and the date of the remainder payment, and indicated on June 16, 2016 in the instant lease agreement, which is the starting date of the lease, as of June 16, 2015, but the Plaintiff himself/herself was aware of the remainder payment date in the complaint as of June 16, 2015, and demanded the Defendant to move into the land by paying the remainder on June 16, 2015, which is the remainder payment date.

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