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(영문) 부산고등법원 2016.12.21 2016나2536
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 5, together with the whole purport of the pleadings:

The Plaintiff entered into a lease contract with the Defendant on December 15, 2008, setting the deposit money of KRW 77 million from December 25, 2008 to December 25, 2010. The Plaintiff entered into the lease contract by setting the deposit money of KRW 88 million on October 14, 2010, and the period from December 26, 2010 to December 25, 2012. The Plaintiff entered into the lease contract by setting the deposit money of KRW 88 million from December 26, 2010 to December 25, 2012. The Plaintiff entered into the lease contract by setting the deposit money of KRW 10 million from October 16, 2012, and the period from December 26, 2012 to December 25, 2014 (hereinafter “instant lease contract”).

B. As to the instant real estate, the Plaintiff completed the registration of the establishment of chonsegwon as the Defendant on December 29, 2008, from December 26, 2008 to December 25, 2010, with respect to the instant real estate, from December 26, 2008 to December 25, 2010. On December 31, 2012, the registration of the change of chonsegwon (hereinafter “right to lease”) was completed from December 26, 2012 to December 25, 2014.

C. On March 2, 2015, the Defendant delivered the instant real estate to the Plaintiff after the expiry of the instant lease contract, and on March 2, 2015, the Plaintiff returned KRW 30 million out of the deposit money to the Defendant.

On April 28, 2015, the Defendant filed an application for a voluntary auction of real estate with Busan District Court D regarding the instant real estate on April 28, 2015, and the said court rendered a decision to commence the auction on May 14, 2015.

Accordingly, the Plaintiff filed an application for the suspension of compulsory execution with Busan District Court 2015Kadan151, and deposited KRW 10,000,000 in the above court as security on July 1, 2015.

2. Determination on the claim

A. The Plaintiff’s assertion (1) The Defendant resided in the instant sectioneded building, and arbitrarily collects or loses boiler, air conditioners, and entrance door locker (digital painting) and cell.

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