손해배상(기) 등
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended by this court is dismissed.
3...
1. Basic facts
A. On April 30, 2011, the Plaintiff leased the instant apartment as KRW 30,000,000 from April 30, 201 to April 30, 2012, the Plaintiff determined that the instant apartment was leased to the Defendant by setting the lease deposit amount of KRW 30,000,000, and KRW 750,000 per month from rent.
B. Since April 30, 2012, the above lease agreement was explicitly renewed, and the Plaintiff and the Defendant agreed to increase the monthly rent to KRW 900,000,000 from May 2016, and KRW 960,000 from May 2017, respectively.
(hereinafter collectively referred to as “instant lease agreement”). (C)
From the time of the conclusion of the instant lease agreement, the Defendant resided in the instant apartment on July 29, 2017, and went out from the said apartment on July 31, 2017, and was refunded the lease deposit amount of KRW 12,00,000,000, totaling KRW 3,000 on July 31, 2017, and KRW 9,000,000 on August 3, 2017.
On August 29, 2017, the Defendant issued a provisional attachment order on the instant apartment on August 29, 2017, with the remainder of KRW 18,000,000 (=30,000,000 - 12,000,000) as the claimed amount, and revoked the execution of the provisional attachment on September 1, 2017.
In other words, on September 29, 2017, the Defendant was issued a ruling of provisional seizure of real estate (No. 2017Kadan11291) by the same court, and on October 26, 2017, revoked the execution of provisional seizure on January 10, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 9, 11, 13, 19, 20, Eul evidence No. 3 (including provisional number), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On July 29, 2017, the Defendant unilaterally reversed the instant lease agreement, and did not pay rent after July 31, 2017 after leaving the instant apartment.
In addition, on the ground that the Defendant did not receive the deposit for lease from the Plaintiff, it was impossible to newly lease the said apartment by executing a provisional attachment on the apartment in this case.