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(영문) 부산지방법원 2018.06.20 2017나8835

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 22, 2013, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant apartment”) with the lease deposit amounting to KRW 100 million, the lease deposit amount from August 30, 2013 to August 29, 2015, and around that time, the Plaintiff received the lease deposit from the Defendant and handed over the instant apartment to the Defendant.

B. The Plaintiff completed the registration on the establishment of chonsegwon (hereinafter “registration on the establishment of chonsegwon”) with the Ulsan District Court’s registration on the instant apartment as well as the registration on the establishment of chonsegwon (hereinafter “registration on the establishment of chonsegwon”) as of August 23, 2015, which was received on September 6, 2013 by the Defendant, the person having chonsegwon, the deposit money of KRW 100 million, and the duration of the lease (hereinafter “registration on the establishment of chonsegwon”). However, the registration on the establishment of chonsegwon remains without cancelling until the date of closing the argument in the instant case.

C. On November 7, 2016, the Plaintiff paid KRW 46,378,120 of the principal and interest of the Defendant’s loan, which secured the right to lease on a deposit basis, to the Hansan Saemaul Depository (around the same day, the repayment of the principal and interest of the loan on a deposit basis was completed and terminated). Of the lease deposit amount of KRW 100 million, the Plaintiff paid KRW 52,621,880, excluding the principal and interest of the loan, to the defendant as the principal and interest of the loan, pursuant to Article 487 of the Civil Act, U.S. District Court No. 5335, 2016.

On the other hand, the instant apartment was registered as the Defendant continuously from September 3, 2015 to March 2018. However, the Plaintiff paid KRW 775,024 in aggregate of the monthly management expenses and late payment charges for the instant apartment between December 1, 2015 and October 11, 2016.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Although the Plaintiff paid the full amount of KRW 100 million to the Defendant on November 7, 2016 after the expiration of the lease term, the Defendant did not cancel the registration of the establishment of chonsegwon on the said apartment.

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