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(영문) 수원지방법원성남지원 2019.12.17 2018가합411154
손해배상(기)
Text

1. The defendant shall receive KRW 400,000,000 from the plaintiffs, and at the same time, shall be stated in the attached list to the plaintiffs.

Reasons

1. Article 2 (Duration) of the Decree provides that a lessor shall deliver the instant real estate to the lessee by the following special agreement, in a condition that the lessor can use and benefit from the instant real estate for the purpose of the lease, and the lease period shall be from the delivery

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the purpose or structure of the real estate of this case, transfer the sub-lease, lease or offer the security, and use it for purposes other than those of lease without the consent of the lessor

Article 6 (Cancellation of Contract) Before the lessee pays an intermediate payment to the lessor, the lessor may reimburse the amount of the down payment, and the lessee may waive the down payment and rescind this contract.

[Matters of special agreement] ① Establishment of a collateral security shall be set up after a bank loan.

(2) The period from the completion date of remodeling shall be 30 days.

(4) Occupancy days shall be the completion date of remodeling.

(6) The remainder date of this contract shall be the completion date of interior works.

Provided, That the payment of the interior work shall be the key after consultation with the lessor.

7. The duration of this contract shall be 24 months after the date of commencement of the business under the special agreement after the completion of the interior works.

On June 12, 2018, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of KRW 1.4 billion, monthly rent of KRW 42 million, as indicated in the attached list owned by the Defendant (hereinafter “instant real estate”). The key contents thereof are as follows.

B. By June 12, 2018, the Plaintiffs paid the Defendant a total of KRW 1 billion of down payment and intermediate payment as the deposit under the instant lease agreement.

C. On July 19, 2018, the Defendant requested the Plaintiffs to construct illegal accommodation on the instant real estate, and thus, cannot be new. Therefore, the instant lease agreement is concluded.

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