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(영문) 의정부지방법원 2017.06.01 2015가단24539
계약금반환
Text

1. As to the Plaintiff’s KRW 30 million and its KRW 20 million, the Defendant shall be KRW 10 million from January 30, 2015 and KRW 10 million.

Reasons

1. Basic facts

A. In light of the fact that on June 4, 2014, the Defendant entered the part on the indication of real estate in the D non-Dong-dong lease agreement (Evidence No. 1) owned by the non-party company as “Ycheon-si DDB” in the part on the indication of real estate among the sales contract (Evidence No. 1), it is reasonable to deem the “transfer” in the lease contract (Evidence No. 1) as “Ycheon-do DB Dong” in the part on the indication of real estate among the sales contract (Evidence No. 1) and the notification (Evidence No. 7-1) written by the non-party company as “Ycheon-si D non-dong 504.64mm2,” in the notification (Evidence No. 7-1) written by the non-party company, it is reasonable to deem that the “transfer” in the lease contract (

(hereinafter “instant factory building”) concluded a lease agreement with a deposit of KRW 20 million, monthly rent of KRW 2.4 million (the 19th of each month), and the lease period from June 10, 2014 to August 19, 2015 (hereinafter “instant lease agreement”). Around that time, Nonparty Company paid KRW 20 million the lease deposit to Nonparty Company.

B. On January 30, 2015, the Plaintiff entered into a contract with the Defendant to purchase the “rental deposit for factory machinery and equipment, raw materials, subsidiary materials, inventory products, ancillary facilities, and the instant factory building” located in the instant factory building from the Defendant to KRW 200 million (the contract amounting to KRW 30 million and the remainder KRW 170 million) (hereinafter “instant sales contract”). The main contents are as follows.

Article 2 (Payment of Price) 30 million won of down payment shall be paid in May 29, 2015 for the remainder of KRW 170 million on the contractual date, and on the contractual date.

Provided, That the settlement of any balance shall be made in advance at the maximum on the date under mutual agreement.

The value-added tax shall be discussed later.

Article 5 (Lease Deposit, Monthly Lease Deposit, and Factory Possession) The rental deposit in the rental contract for the building concluded by the seller shall be included in the buyer's factory acquisition fee, and the seller shall be liable for the monthly rent from the date following the contract date until the contract date.

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