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(영문) 울산지방법원 2020.02.19 2019가합14604
손해배상(기)
Text

1. The defendant,

A. As to the Plaintiff A, KRW 1230,400,00 and its KRW 81,00,000 among them, the remainder from August 10, 2019.

Reasons

1. Basic facts

A. The Defendant is an executor of an aggregate building newly built on the land outside Ulsandong-gu D and two lots (hereinafter “instant aggregate building”).

B. On October 20, 2017, the Plaintiffs entered into a contract under which the Plaintiffs would purchase E (hereinafter “instant apartment building”) among the instant condominium buildings in KRW 270,00,000 (hereinafter “instant sales contract”) with the Defendant and the Defendant entered into a profit-making lease agreement for the said heading room (hereinafter “instant lease agreement”). Some of the terms of each of the instant contracts are as follows.

Article 11 (Other Matters)(5) of the contract for sale in this case shall be the scheduled date of occupancy on June 2018, and the accurate date of occupancy shall be notified later.

Provided, That where business is delayed due to reasons not attributable to the defendant, such as modification, delay, natural disaster, force majeure, occurrence of civil petition, etc., the defendant may extend the scheduled date of occupancy.

Article 2 (Delegation of Authority) of the Lease Agreement of this case delegates to the defendant all the powers, including sub-leases on the operation of the accommodation during the lease period, and is prohibited from entering the place of the object without prior consultation with the defendant, and the plaintiffs are fully responsible for the problems arising therefrom.

Article 3 (Amount and Method of Payment) (1) The Defendant shall pay to the Plaintiffs the monthly rent of KRW 2.4 million per month. 2) The rent shall be paid from the first day of each month to the last day of the following month.

Article 4 (Period of Contract) 1) around June 2018, the period from the 1st day of the next month to the 3rd day after the completion of the building shall be five years. - Within one month after the completion of the building, the defendant shall pay the vehicle for the contracted period, regardless of whether the building is administered by the customer. 3)

C. On October 20, 2017, the Plaintiffs paid the full purchase price under the instant sales contract to the Defendant.

Plaintiff

A and the defendant, August 10, 2018, shall be the defendant until the end of February 2019.

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