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(영문) 수원지방법원 2017.04.25 2016가합1789

임차보증금

Text

1. The Defendant (Counterclaim Plaintiff) is about the building indicated on the attached real estate from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On August 13, 2014, between the Plaintiff and the Plaintiff, the Defendant (agent C) concluded a lease agreement with the effect that the building indicated in the attached Form indicating real estate (hereinafter “instant apartment”) owned by the Defendant will be leased to the Plaintiff with the lease deposit of KRW 230 million and the lease term of KRW 30 million from October 31, 2014 to October 30, 2016 (hereinafter “instant lease agreement”), and the lessee may seek a new tenant at the market price of the lease deposit even before the expiration date, and the lessor consented thereto (hereinafter “instant agreement”).

B. Accordingly, the Plaintiff paid the Defendant the lease deposit with KRW 33 million on the day of the contract, and KRW 197 million on October 31, 2014, respectively, and the Defendant delivered the instant apartment to the Plaintiff on the same day.

C. On March 23, 2016, the Plaintiff removed from the instant apartment, and on April 8, 2016, upon receipt of the order of lease registration concerning the instant apartment from the Suwon District Court, Suwon District Court (2016Kao63), the same reasoning is applicable.

5.4. Completion of the lease registration.

On April 6, 2016, the Plaintiff sent to the Defendant’s mother C (hereinafter “C”) who was delegated with all the authority regarding the lease contract of the instant apartment on the basis of the Defendant’s violation of the instant special agreement. The content certification reached between the Defendant and C.

【Uncontentious facts, Gap’s evidence Nos. 1, 8, 9, Eul’s evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s summary of the Plaintiff’s claim is as follows: (a) the Plaintiff had endeavored to move into a new apartment on March 23, 2016 and to seek a new lessee of the instant apartment; and (b) the Defendant is more than the market price and the lessee.