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(영문) 서울중앙지방법원 2018.10.18 2017나91471
손실보상금
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 June 20, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase a multi-family house located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant house”) in KRW 1,070,000 (hereinafter “instant sales contract”), and paid any balance on August 18, 2016, and completed the settlement of purchase price and completed the registration of ownership transfer.

B. Meanwhile, on August 18, 2016, the remaining date of the remainder, the Plaintiff leased the instant housing No. D, which the Defendant initially resided with, to the Defendant, KRW 230,000,000,000, and the term of lease from August 18, 2016 to August 17, 2018.

(hereinafter “instant lease agreement”). B.

The instant lease agreement was terminated at the Defendant’s request on December 2, 2016, and the Plaintiff leased the instant housing No. D to E and moved into the instant housing No. D on December 15, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 4, and 6, and the purport of the whole pleading

2. The gist of the Plaintiff’s assertion was that the Defendant did not bear KRW 630,00,00 for brokerage commission regarding the lease agreement concluded between the Plaintiff and the new lessee E while terminating the instant lease agreement. The instant housing D did not properly clean the retirement room.

In addition, there was a repair cost of KRW 4,157,200 in the aggregate of KRW 4,157,200 in the cost of repair for rooftops and beeass, waterproofing cost of KRW 2,250,00, cost of living room extension repair for living room, KRW 907,200, and the wall and exhaustive cost of KRW 1,000,000 in the building. In accordance with the seller's warranty liability, the Defendant is obliged to pay the Plaintiff KRW 10,000,000 in the amount equivalent to the above repair cost and mental damage.

In addition, despite the payment of KRW 110,000 to Fho Lake, no distribution was made, or on May 19, 2017, Gho Lake set aside by the lessee was caused by water leakage and fruit, and the distribution cost of KRW 350,00, fung and Fung will be cost of construction.

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