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(영문) 서울중앙지방법원 2018.11.09 2018나2393
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 1, 2014, the Plaintiff completed the registration of ownership transfer on the ground of sale on May 16, 2014 with respect to Seocho-gu Seoul Metropolitan Government C apartment non-dong 906 (hereinafter “instant apartment”).

B. On October 2, 2014, the Plaintiff entered into a lease agreement with the Defendant, stipulating that the instant apartment was leased to the Defendant by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,300,000 (repaid on December 14, 2014) and the lease term from December 14, 2014 to December 13, 2015.

C. However, the Defendant did not pay the rent under the above lease agreement at all, and the Plaintiff filed a lawsuit against the Defendant, including the name of the building, etc., with the Seoul Central District Court 2015Kadan209161. On July 20, 2016, the said court rendered a judgment that “the Defendant shall deliver the instant apartment to the Plaintiff and pay to the Plaintiff the amount calculated at the rate of KRW 1,30,000 per month from June 14, 2016 to the completion date of delivery of the instant apartment.”

The defendant delivered the apartment of this case to the plaintiff according to the above judgment, and on October 18, 2016, the Seoul Central District Court (Seoul Central District Court No. 24171, Oct. 18, 2016) deposited all the rent, management fee, etc. based on the above judgment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant notified the Plaintiff that “a director shall be an apartment building owned by the Plaintiff after the termination of the above lease term,” and the Plaintiff returned to the Republic of Korea with a plan to move into the apartment of this case with the belief and plan to move into the apartment of this case. However, due to the Defendant’s refusal to surrender the apartment of this case, the Plaintiff suffered a total of KRW 11,014,00 as stated in paragraphs (1) through (4) and (4) as well as KRW 4,932,860 as cited in the judgment of the Seoul Central District Court in the above damages amount, and deducted KRW 4,932,860 as cited in the judgment of the Seoul Central District Court in the above damages amount, the Defendant is obligated to pay the Plaintiff 6,081,140 won (=1,014,00

1. The plaintiff is replaced by the plaintiff.

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