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(영문) 수원지방법원안산지원 2019.02.15 2018가단50515
전세금
Text

1. As to KRW 130,00,000 and KRW 120,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 120,000,000 from December 12, 2018.

Reasons

1. Basic facts

A. On July 7, 2017, the Plaintiff: (a) leased, without monthly rent, KRW 120,000,000 of the member-gu Seoul Building D (hereinafter “instant housing”); (b) on September 13, 2017 to September 13, 2017 (hereinafter “instant lease agreement”); and (c) concluded that the Plaintiff paid the Defendant the deposit amount of KRW 12,000,000 on the day of the contract and KRW 12,000 on August 24, 2017.

B. The instant lease agreement provides that “If a lessor or lessee has failed to fulfill the terms and conditions of this contract, the other party may notify the person who has failed to perform the contract in writing and cancel the contract. In addition, the contractual party may claim damages arising from the termination of contract to the other party, and the contract deposit shall be deemed as the basis for damages, unless otherwise agreed.”

C. On August 24, 2017, when the Plaintiff visited the instant house to take a director, it was found that water was cut off on the living room, beer, and the room room connected with it.

Accordingly, the Defendant prepared and delivered to the Plaintiff a letter to the effect that “to bear custody expenses and lodging expenses for three days, to remove the floor habiter by operating the boiler, and then to charge repair to the on-site expert.” The Plaintiff paid the remainder of the deposit to the Defendant.

After operating a boiler, the Plaintiff moved into the instant house with the fixed date on August 28, 2017, but overall housing increased Funga. D.

A broker E, who arranged the instant lease agreement on January 12, 2018, denies the lessor’s acceptance of the instant housing floor even in a situation where the lessor could not reside at all unless he/she is repaired immediately, such as where the entire wall of the instant building continues to be fung and the fung is contaminated with a road map with snow, etc.

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