(영문) 서울북부지방법원 2015.10.21 2014가합6422

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(영문) 서울북부지방법원 2015.10.21 2014가합6422

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 26, 2013, the Plaintiff, from Defendant B, leased the lease deposit of KRW 1.5 million for the lease deposit of KRW 25 million, monthly rent of KRW 200,000,000 from July 26, 2013 to July 25, 2014 (hereinafter “instant lease contract”). At that time, the Plaintiff began to reside in the instant real estate after paying the lease deposit to Defendant B.

B. Defendant C is the wife of Defendant B, and Defendant D is the child of the above Defendants.

C. After doing so, the Plaintiff reported to the police from time to time and sent the police officers, and filed several criminal complaints against the Defendant B and neighboring residents, but was dismissed on the grounds that the facts constituting a crime are not recognized or a crime is not constituted.

On November 19, 2013, Defendant B filed a claim for the delivery of the instant real estate against the Plaintiff on the ground of the termination of the instant lease agreement. On December 11, 2013, the Plaintiff filed a counterclaim (the sum of principal claim and counterclaims 2013da4830, hereinafter referred to as “lease-related lawsuit”) claiming the return of lease deposit and the payment of damages (the sum of principal claim and counterclaims hereinafter referred to as “lease-related lawsuit”). On April 27, 2013, the said court rendered a judgment accepting the claim for the delivery of the instant real estate and the claim for the return of KRW 1.5 million on the ground that the instant lease contract was lawfully terminated.

E. On April 29, 2014, the Plaintiff filed an appeal. Around the withdrawal of the amount equivalent to the above lease deposit deposited by Defendant B, the Plaintiff delivered the instant real estate to Defendant B on July 26, 2014, which is the expiration date of the above lease term. On August 11, 2014, Defendant B withdrawn the claim for the delivery of real estate, which is the principal domicile, and the conciliation was concluded with the consent of the Plaintiff.

On the other hand.

유사 판례

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-서울중앙지방법원 2017.02.08 2015가단5317708

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