(영문) 수원지방법원 2019.01.23 2017가단535893

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(영문) 수원지방법원 2019.01.23 2017가단535893

임대수익금 등 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 7, 2013, the Plaintiff and the Defendant agreed to allow a grace period of 20% of the sales price for each of the E-type urban residential housing units E, 114,782,00 won, G, and 115,018,000 won for the sale price, H and I (hereinafter collectively referred to as “each of the buildings in this case”), and H and I (hereinafter referred to as “each of the buildings in this case”), with the sales price of 118,319,00 won for each of the buildings in this case, and the amount equivalent to 20% of the sales price for each of the buildings in this case was sold in lots at the time of the occupancy.

B. With respect to F and G on December 7, 2013 between the Plaintiff and the Defendant, as to the following H and I, a letter of rental profit guarantee (hereinafter “instant rental profit guarantee”) with respect to H and I (i) as follows:

[Guarantee Benefits] KRW 10,00,000 per household/ Monthly Rent 600,000 [Guarantee Period] Two years (24 months) from the expiration of the grace period for the object

1.The contractor shall delegate the lease business of the above indicated object to the Project Manager B, which is the Project Manager, and B shall arrange for the liability of the lease contract.

The rental commission for good offices and the legal brokerage fee for the real estate brokerage office shall be borne by the contractor.

2. If a lease contract is not concluded within the period of guarantee (two years from the expiration date of the grace period), the Bank of Bankruptcy shall pay monthly rents to the contractor to meet the profits indicated in the above security profits.

3. Where the remainder within the period for the designation of occupancy is fully paid: (a) a grace period of three months after the date of the remainder payment; and (b) where a lease contract is not concluded within the grace period, the above guarantee profits shall be paid from the end of the grace period.

4. Where, when a lease contract is concluded, the deposit and rent are less than the guaranteed profit (600,000 won), the difference shall be paid monthly by the public official in charge of the dispute resolution and not less than the guaranteed profit (600,000 won).

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