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(영문) 부산지방법원 2018.11.13 2016가단69672
임료 등
Text

1. The Plaintiff, Defendant B, as well as Defendant B, at the rate of 15% per annum from March 28, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Geum-gu Busan Metropolitan Government Ftel (hereinafter “instant officetel”) who runs real estate leasing business under the trade name of “E”.

B. On February 8, 2015, the Plaintiff entered into a lease agreement with Defendant B, and officetel G with the amount of KRW 20,000,000 for lease deposit, and the amount of monthly rent of KRW 250,00 for KRW 250,00 for each of them (including KRW 30,000 for the monthly management fee, and water tax separate for the waterworks tax). Defendant B did not pay KRW 921,652 for each of them, including the sum of monthly rent of KRW 750,00 for the year-end rent of KRW 20,00 for the year-end rent of KRW 20,00 for the aggregate of KRW 171,652 for the waterworks tax.

C. On June 7, 2016, the Plaintiff concluded a sales contract with respect to the rest of 26 rooms except for No. H among Defendant C and officetels, stating that “the sales price shall be KRW 1.7 billion, and the down payment shall be KRW 1.50 million in the intermediate payment shall be paid on July 6, 2016, and the remainder of KRW 1.550 million in the intermediate payment shall be paid on July 6, 2016, and all documents necessary for the registration of transfer of ownership shall be delivered at the same time as the remainder is received, and the date of delivery of officetels shall be July 8, 2016 (hereinafter referred to as “sales contract”). The special agreement is as follows.

1. The defendant C shall confirm the documents entered in the public register and enter into a contract on the site as this part.

2. All public charges until the remainder shall be borne by the Plaintiff.

3. Any balance shall be paid the balance after the settlement of the rent of the lease deposit, bank loans and interest, and the monthly rent on the date of the balance.

On July 6, 2016, the Plaintiff and the Defendant C agreed to the effect that “In connection with the current status of the previous monthly rent, future officetels I, J, K, L, M, M, N,O, and P will be paid as penalty for breach of contract in the event of a person residing in the Republic of Korea, six months if the person resides in the Republic of Korea, and in the case of a public room, as penalty for breach of contract for each twelve-month period (hereinafter “instant agreement”). On the same day, the Plaintiff paid KRW 50 million in the intermediate payment to the Plaintiff.

E. Defendant C is the Plaintiff on July 11, 2016, and Defendant C is the remainder of the purchase price until July 22, 2016.

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