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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the defendant adds the judgment on the following arguments emphasized by the court of first instance, and thus, it is citing it as it is in accordance with the main
2. On August 4, 2018, the lower judgment: (a) the Defendant sought a subsequent lessee to move into the instant apartment on October 3, 2018; and (b) requested the real estate broker to cancel the lease registration order as the remainder of the lease deposit received from the subsequent lessee; (c) even though the Plaintiff requested that the real estate broker cancel the lease registration order; (d) as the Plaintiff did not comply therewith, the Defendant did not have the obligation to pay damages for delay after October 4, 2018.
In full view of the purport of the argument in the evidence No. 5 and No. 2, the Plaintiff applied for the right to lease registration of this case as the Incheon District Court 2018Kaman88, and the above court accepted the right to lease on March 9, 2018 and completed the lease registration on March 26, 2018. The Defendant received the deposit amount of KRW 20 million from the subsequent lessee around August 20, 2018 and paid the Plaintiff the deposit amount of KRW 20 million from the subsequent lessee and then requested the Plaintiff to pay the remainder after receiving the remainder payment from the subsequent lessee if the Plaintiff cancelled the lease registration. However, it is recognized that the Plaintiff refused dialogue with the Plaintiff by phone call around August 31, 2018, and thus, it can be viewed that the Plaintiff’s damages for delay can be avoided.
Although the lease deposit has not been refunded after the termination of the lease, it is necessary to move the residence or move the resident registration to the workplace due to the change of the workplace.