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(영문) 서울중앙지방법원 2018.09.20 2017가합579205

임대차보증금

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 21, 26 to 29:

On July 8, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and Nonparty D regarding B-dong 401 (hereinafter “instant house”) among multi-family houses located in Seocho-gu Seoul, Seocho-gu, Seoul, in which the Defendant and D jointly own 1/2 shares, with each of the 1/2 shares, with a deposit of KRW 20 million, monthly rent of KRW 400,000,000, monthly rent of KRW 400,000, and from July 31, 2017 to July 31, 2019.

The contents of the instant special lease agreement include that “Do-type and long-term sales will be transferred to another person according to the current status.”

B. On August 1, 2017, the Plaintiff and the Selection C moved into the instant house with Nonparty F and paid KRW 20 million to the Defendant and D around that time, and the same month.

2. The moving-in report on the instant house received the fixed date in the lease contract.

C. On November 2, 2017, the Defendant and D sold the instant house to Nonparty G and H, and G and H completed the registration of ownership transfer at the ratio of 4/5, 1/5 shares, respectively, with respect to the instant house on the 30th of the same month.

2. The summary of the Plaintiff’s assertion and the Selection C have aggravated health, such as mycoin in the instant house, caused mental suffering, and the director should no longer live in the instant house.

Therefore, the Defendant: (a) the Plaintiff: (a) the Plaintiff: (i) the infection treatment costs of KRW 86,400,00; (b) the hospital funeral costs of KRW 103,680,00; (c) the consolation money of KRW 50,000; (d) the damage of households and furnitures; and (e) the depreciation costs of KRW 10,000,000; (b) the total amount of KRW 3 million; (c) the real estate brokerage fees of KRW 1 million; (d) the damages for nonperformance; and (e) the amount of KRW 254,30,00; (b) the infection treatment costs of KRW 138,60,00; and (e) the hospital funeral costs of KRW 16,320,00; and (e) the solatium