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(영문) 서울중앙지방법원 2017.10.27 2016나74790

손해배상(기)

Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On July 11, 2006, the Plaintiff entered into a lease agreement on the instant housing (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 5 million, monthly rent of KRW 800,000,000, and the lease term of KRW 12 months from July 12, 2006, and paid the down payment amount of KRW 50,000,000 on the same day.

On the 12th of the same month, the Plaintiff paid the remainder lease deposit to the Defendant and received the instant house.

B. On January 21, 2009, the above court rendered a favorable judgment against the plaintiff on February 17, 2009 (hereinafter "the final judgment of this case") that "the plaintiff delivered the house of this case to the defendant, and paid the money calculated at the rate of KRW 1.6 million and KRW 8 million from August 12, 2008 to August 12, 2008, as the plaintiff did not pay the rent." The above court rendered a favorable judgment against the plaintiff on January 21, 2009 (hereinafter "the final judgment of this case") that "the plaintiff delivered the house of this case to the defendant, and paid the money calculated at the rate of KRW 800,000 per month from August 12, 2008 to the completion date of delivery of the above house."

[Plaintiff filed a subsequent appeal against the above judgment on March 23, 2009, but the appellate court (Seoul Central District Court 2009Na10835) declared on May 26, 2016 that the said lawsuit was terminated by a judgment as the withdrawal of the Plaintiff’s appeal, and the Plaintiff’s appeal (Supreme Court 2016Da24031), however, the appeal was declared on September 9, 2016). 3 Defendant requested an execution officer based on the instant final judgment, to deliver real estate, and the execution officer D belonging to the Seoul Central District Court, on March 19, 209.