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(영문) 서울고등법원 2018.10.31 2018나2013705
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Basic facts

A. On August 15, 2016, the Plaintiff concluded a sales contract with the Defendants to sell the instant real estate in KRW 3.3 billion to the Defendants, a building with D. D. 257.9 square meters and its ground-based 5 square meters (hereinafter “instant building”) in Ansan-si, Ansan-si, the Plaintiff owned by the Plaintiff (hereinafter “instant building”) for the sale of the instant real estate to the Defendants for KRW 3.3 billion.

(B) The buyer’s share was determined to be Defendant B70% and Defendant C30%; hereinafter “instant sales contract”). The sales contract contains the following special terms and conditions:

2. After the completion of the balance under this sales contract, the Plaintiff is the lessee with the total rental deposit of KRW 360 million and monthly rent of KRW 15 million for 24 months.

(Defendants) The remainder payment shall be paid to the Plaintiff after deducting the deposit amount of KRW 360 million from the remainder payment amount.

However, the term of lease does not extend after the expiration of the term of lease, and the plaintiff does not require the defendants to pay his own facility costs and premiums, and the defendants do not recognize the plaintiff's rights and the facilities of the entire commercial floor (Provided, That the plaintiff's entitlement to the premium is recognized to a third party). 3. The contract is calculated by calculating the amount by each floor of the remaining commercial building on the day of sale and purchase, and the contract is prepared by the plaintiff, and the contract is to be deducted from the deposit whenever the plaintiff prepares the contract. If there are various defects by the time of the return of the deposit after the 24th month, the conditions for the restoration after the removal of the present facility are the condition that the plaintiff repairs the defect, and if there are any defects by the remaining time of the remainder,

B. On September 12, 2016, the Plaintiff prepared a lease agreement with F and the third floor of the instant building with the lease deposit of KRW 30 million and KRW 2.4 million per month of rent, and entered into a special agreement stating that “a contract is made with the knowledge that it is the process of trade and is subject to the same conditions after the transfer of ownership, and is a new lessor and a new conditions of succession.”

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