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(영문) 대전지방법원 2019.12.19 2019나109573
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On July 9, 2014, the Defendant entered into a lease agreement on the instant building E (hereinafter “instant housing”) with a deposit of KRW 15 million, monthly rent of KRW 350,000,000, and the lease period of KRW 350,000,000, and from July 10, 2014 to 24 months (hereinafter “lease”), and around that time, paid the said deposit to C, and resided in the instant housing upon delivery, and removed the instant housing from May 2016.

[Plaintiff asserts that the Defendant occupied and used the instant house from May 2016 to February 2018. However, the following circumstances, which could be known by the entire purport of the entries and arguments in the evidence Nos. 1, 4, 5, and 6, namely, ① the Defendant leased 2-story G in the name of the Defendant’s spouse around May 29, 2016, ② the Defendant did not refund the lease deposit to C around October 7, 2016, even though he did not refund the said house on May 10, 2016, it appears that the Defendant did not request the return of the leased house from May 10, 201, and the Defendant did not request the removal of the leased house from the Plaintiff’s residence on or around October 11, 2016, on the ground that the Defendant did not request the removal of the leased house from the Defendant’s residence on or around 2014, 2016.

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