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(영문) 전주지방법원 2018.04.05 2017나6514
손해배상(기)
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

In fact, on July 9, 2009, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on behalf of the Plaintiff (hereinafter “Plaintiff”) with respect to the D apartment 108 Dong 1204 (hereinafter “D apartment”), the lease agreement between the Defendant, the lease deposit amount of KRW 140,00,00, and the lease period of the lease from July 31, 2009 to July 30, 201 (hereinafter “the lease agreement of this case”). On August 7, 2009, the Plaintiff entered into a lease agreement with the Defendant’s spouse for D apartment with respect to D apartment.

In addition, on August 3, 2009, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring apartment”) with respect to F apartment Nos. 103, 705 (hereinafter “the apartment of this case”) owned by the Plaintiff in order to secure the Defendant’s claim for the refund of the deposit for lease on a deposit basis according to a special agreement on the lease on a deposit basis under the instant lease agreement.

On June 1, 2011, the Plaintiff agreed with the Defendant to terminate the instant lease agreement on behalf of C on the condition that the Plaintiff would pay D apartment management fees on behalf of the Defendant. On June 16, 2011, the Plaintiff concluded a sales contract with G to sell D apartment at KRW 339,000,000 for sales price.

Since then, on June 16, 201, the Plaintiff remitted KRW 10,000,000 to the Defendant as the refund of deposit for the deposit for the deposit, and KRW 10,000,000 on June 17, 201, and KRW 7,00,000 on July 29, 201, G wired the remainder of KRW 113,00,000 to the Defendant on July 4, 201, the Plaintiff returned all of KRW 140,000 to the Defendant, and the Plaintiff paid KRW 497,000 on behalf of the Defendant for the management expenses for D apartment on July 5, 201.

E cancelled the registration of the establishment of the right to lease on a deposit basis for D apartment on July 4, 2011, and the Defendant moved into H apartment around July 2011.

On the other hand, E, on March 17, 2014, completed the supplementary registration of the transfer of the right to collateral security to the Defendant.

On May 21, 2014, the plaintiff is the Jeonju District Court against the defendant.

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