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(영문) 춘천지방법원강릉지원 2016.01.19 2015나1830

임차보증금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff from around 1984, the Plaintiff’s ground cement block structure studio studio house 4 square meters (hereinafter “instant house”).

(2) Around May 17, 2012, the Defendant purchased the instant housing and its site in the voluntary auction procedure with the Gangwon District Court Gangnam Branch D branch branch office D branch office D branch office D branch office D branch office D branch office D branch office D branch office D branch office D branch office D branch office.

3) On June 8, 2012, the Plaintiff leased the instant house from the Defendant who purchased the instant house during the voluntary auction procedure, setting the lease deposit amount of KRW 8,000,000, and the lease period of KRW 2 years from June 8, 2012 (hereinafter “instant lease agreement”).

(4) On the same day, the Plaintiff paid KRW 8,00,000 to the Defendant with the dividend amount of KRW 8,000,000 in the above auction procedure, and received the fixed date on the same day. (4) On October 8, 2013, the Plaintiff filed a move-in report to Gangnam-gu Seoul, Seoul, and filed a move-in report to the F in Gyeyang-gu Seoul on January 14, 2014, and around that time, transferred the instant house to the Defendant.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 1, and the purport of the whole pleadings

B. According to the above facts, the lease contract of this case was terminated on or before June 7, 2014, and the plaintiff delivered the house of this case to the defendant around January 14, 2014, before the expiration of the lease contract of this case, so the defendant, a lessor, is obligated to pay to the plaintiff, a lessee, delay damages at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 3, 2015 to the date of delivery of the house of this case and the date of completion of the lease contract of this case, as requested by the plaintiff.

2. If so, the plaintiff's claim against the defendant of this case is reasonable.