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(영문) 대전지방법원 2018.08.16 2017가단6648
임차보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from March 29, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 11, 2013, the Defendant completed the registration of ownership transfer with respect to each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”), and among them, completed the registration of ownership transfer with respect to the building listed in paragraph (2) (hereinafter “instant building”). On April 5, 2017, the Defendant completed the registration of ownership transfer due to sale under C’s name.

B. On May 21, 2016, D leased the instant real estate from the Defendant for the lease deposit of KRW 35,000,000, and the lease period from May 31, 2016 to May 30, 2018. The said real estate was handed over around that time.

(c) D. D. B.

The Plaintiff and the Defendant agreed to lease the instant real estate from the Defendant during the term of the lease agreement stated in the port to the end of the lease agreement. On December 24, 2016, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real estate from January 2, 2017 to May 30, 2018. The Plaintiff paid the Defendant the sum of KRW 35 million on December 26, 2016 and KRW 5 million on January 9, 2017.

On January 8, 2017, the Plaintiff received the entrance door from D and confirmed the condition of the instant building at around that time, and requested the Defendant to repair the building on the ground that there was a defect, such as leakage of water, etc. in the instant building, and the Defendant refused to repair the building.

Accordingly, the Plaintiff did not move into the building of this case and requested the Defendant to repair it orally over several occasions, and the Defendant continued to refuse it. From January 16, 2017 to February 23, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that he/she would claim damages on the ground of the foregoing defect, but the Defendant continued to refuse to repair it.

E. On the other hand, appraiser E conducted a field investigation on the instant real estate on August 17, 2017, and the result of the appraisal is as follows.

However, the cost of defect repair.

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