(영문) 창원지방법원 2018.02.01 2017가합52934

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(영문) 창원지방법원 2018.02.01 2017가합52934

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 250 million and, with respect thereto, KRW 250 million;

Reasons

1. Facts of recognition;

A. On March 27, 2015, the Defendant entered into a lease agreement between the Plaintiff and the Defendant with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) adjacent to the Defendant’s workplace, with a deposit of KRW 50 million, KRW 10 million per month, and the lease term from April 30, 2015 to April 30, 2017, and entered into an agreement with the following terms and conditions as special terms and conditions. In addition, the Defendant entered into a lease agreement with the Plaintiff, the buyer, the Defendant, and the seller on February 27, 2017; the remainder payment date and the date of transfer of ownership as of March 27, 2017:

(2) A lessor and a lessee agree to cancel a lease contract at the request of a lessee until the expiration of the lease term for this real estate or even before the expiration of the lease term, as follows: (a) the lessee is a party for whom the lease contract has become final and conclusive in the status of the buyer; and (b) the lessee agrees to conclude a real estate sales contract as a party for whom the lease

1. Trading amount: Three billion won;

2. Contract deposit: 50 million won (to substitute for the payment of the down payment with the lease deposit made by the lessee to the lessor).

3. Date of contract: Conclusion at the request of a lessee on February 27, 2017 or within the term of lease (within one month of the term of lease contract).

4. Responsibilities when a lessee fails to enter into a real estate contract: Where a real estate sales contract is not concluded even after the lease contract expires due to any cause attributable to the lessee, the lessee shall compensate the lessor for an amount equivalent to 300 million won at the time of the ordinary real estate sales contract.

5. When a lessor fails to execute a real estate contract due to a cause attributable to the lessor, he/she does not enter into a real estate contract even after the lease period expires.

유사 판례

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