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1. The defendant shall pay KRW 4,219,178 to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Grounds for claim;
A. 1) On March 5, 2016, the Plaintiff entered into a lease agreement with C on March 5, 2016 (hereinafter “instant real estate”).
As to the lease deposit, the term of lease deposit amounting to KRW 220,000,00, and the term of lease from April 29, 2016 to April 28, 2018 shall be set to be from April 29, 2016, and a lease agreement under which the instant real estate is leased from C (hereinafter “instant lease agreement”).
(2) On March 8, 2016, the Plaintiff obtained a fixed date with respect to the instant lease agreement, and the same year.
4. 29. C received the instant real estate from C, and completed a move-in report on the said real estate.
B. On May 2, 2016, C had completed the registration of ownership transfer based on sale and purchase of the instant real estate to D on May 2, 2016. (2) D completed the registration of ownership transfer based on sale and purchase of the instant real estate to the Defendant on December 12, 2017, and accordingly, the Defendant succeeded to the lessor’s status under the instant lease agreement.
C. On January 2018, the Plaintiff notified the Defendant that he would not renew the instant lease agreement. As the Plaintiff was not paid the lease deposit even after the term of the instant lease agreement expired, on June 8, 2018, the Plaintiff completed the registration upon receipt of the house lease registration order under the court 2018Kadan100666 on the instant real estate. (2) The Plaintiff filed a lawsuit against the Defendant seeking the return of the lease guarantee under the court 2018Kahap23593, and filed a lawsuit against the Defendant to seek the return of the lease guarantee under the court 2018Kahap23593, and on October 26, 2018, the said court was sentenced to the judgment that “the Defendant would receive the instant real estate from the Plaintiff and pay the Plaintiff KRW 220,000,000 at the same time,” and the said judgment became final and conclusive on November 9, 2018.
3. On the other hand, the Plaintiff transferred the instant real estate to the Defendant on June 8, 2018.
The defendant's delay damages.