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(영문) 수원지방법원성남지원 2013.02.14 2012가합10917

임대차보증금 등

Text

1. The Defendant’s KRW 107,613,589 for the Plaintiff and KRW 5% per annum from November 17, 2012 to February 14, 2013.

Reasons

1. Basic facts

A. (1) On January 2, 2012, the Plaintiff entered into the instant lease agreement with the Defendant, and on January 2, 2012, 402, Sungnam-si, Sungnam-si, Seoul (hereinafter “instant real estate”).

(1) The term of a lease contract under the terms and conditions that each of the lease deposits shall be leased at KRW 10 million, monthly rent of KRW 2350,000,000, and the lease period from January 30, 2012 to January 28, 2014 (hereinafter “instant lease contract”).

A) Around that time, the Plaintiff concluded a lease deposit with the Defendant, paid KRW 100 million, and completed a registration of establishment of a lease on a deposit basis for the said real estate. (2) The Plaintiff was scheduled to move into the instant real estate by his children, and thus, the Plaintiff considered whether there exists a noise problem between the floors of the said real estate as an important factor in concluding the lease contract, and asked the Defendant for it.

However, the Defendant concluded that the noise problem between floors is serious due to the vulnerability of soundproofing facilities of the instant real estate, and that the Defendant also frequently occurred with neighbors, especially with residents of the same 302, and that there was no noise problem between floors of the instant real estate, and rather, it is good for children to play marble because of the marry of the instant real estate.

B. (1) On January 30, 2012, the Plaintiff occupied the instant real estate with her husband, her husband, and her 2 and 5 children, according to the instant lease agreement. However, from the date immediately after the occupancy, the Plaintiff continued to undergo dispute with the residents of 302 at the same time due to the noise problem between the floors. (2) Even though the Plaintiff made efforts to reduce noise by installing soundproofs on the said real estate, the dispute was not reached, and eventually, on April 8, 2012, the Plaintiff moved back from the instant real estate to the Plaintiff’s relocated residence.

C. The Plaintiff paid by the Plaintiff due to the instant lease agreement: ① KRW 100 million, ② real estate brokerage fee of KRW 3 million, and ③ cost of establishing chonsegwon.