공제금 등 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The fifth to fourteenth of the judgment of the court of first instance shall be written by cutting the following:
In light of the fact that the Plaintiff’s damage occurred due to the successful bid for the instant multi-family house, and the fact that it is difficult to view the lessee under the instant multi-family house R and S as a genuine lessee, etc., the Defendant asserts that there exists no causation between damages for which the Plaintiff was unable to refund the lease deposit and the violation of C’s duty. However, the evidence or assertion presented by the Plaintiff alone is difficult to conclude that the lease of the instant multi-family house R and S is not a genuine lease. The maximum debt amount of the senior multi-family mortgage existing at the time of the conclusion of the instant lease agreement is KRW 429,00,000 in total, and the senior lease deposit is KRW 307,00,000 in total, and the aggregate amount is KRW 736,000,000 in the instant multi-family house. In light of the fact that the Plaintiff could not have agreed on September 12, 2016 as the sale price of the instant multi-family house and the amount of the instant lease agreement, the Plaintiff could not have known the possibility of sale.
3. The plaintiff's claim is justified within the scope of the above recognition.