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(영문) 의정부지방법원 2020.05.21 2019나208756
위약금 및 이사비용
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. On September 8, 2015, C entered into a lease agreement (hereinafter “instant lease agreement”) with respect to Dwork and the Plaintiff, and one’s own shares, Seoyang-gu E and one parcel of land F Building G (hereinafter “instant housing”).

① The DD Corporation shall lease the said house with the National Housing Fund in the amount of KRW 80 million (the term of the contract between November 19, 2015 and November 18, 2017) (2) The D Corporation, a lessor, to agree to a sublease contract between D Corporation and the Plaintiff; and

B. After that, the Defendant purchased the instant house and completed the transfer of ownership on November 19, 2015.

C. On August 2018, when the instant lease agreement was renewed and maintained, the Defendant requested the Plaintiff to leave due to the progress of the reconstruction project of one unit of the instant house.

Thus, from October 31, 2018 to November 1, 2011, the Plaintiff directors from the instant house to another residential area. However, the Plaintiff did not notify the Defendant of the password (hereinafter referred to as the “finite password”) of the present door correction device, and attached a notice to the Defendant, prior to the front of the present door, stating that “the Plaintiff was inside of a director. Madio, Madio, who was absolutely not intruded. Madio, who was a host.” (hereinafter referred to as the “instant notice”).

E. Around November 9, 2018, the Defendant became aware of the password of the entrance door, and around that time, was confirmed by the rebuilding association relocation office to process the instant house, and returned the lease deposit amount of KRW 80 million to the D Corporation on November 12, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 3, 13, 15 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1 of the parties' assertion made out of the apartment of this case with the promise from the defendant to assume all the expenses of the director.

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