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(영문) 대전지방법원홍성지원 2015.04.07 2014가단10793
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 25, 2012, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff on the instant house with respect to the 403 multi-unit housing (one-story D) of the 4th floor of reinforced concrete structure (one-story D) (hereinafter “instant housing”) owned by the Plaintiff, and resided in the instant housing.

B. However, due to the settlement problems, such as the refund of lease deposit and management expenses, etc., the Defendant filed a lawsuit against the Plaintiff to claim the return of lease deposit with the Daejeon District Court of Hongsung Branch 2012Gaso7066, Daejeon District Court. The above court decided to recommend settlement that “the Plaintiff (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case) the amount calculated by deducting 38,000 won from March 26, 2013 to the delivery of the said house from March 26, 2013 (hereinafter “decision to recommend settlement of this case”) and the said decision to recommend settlement was finalized on May 10, 2013.

C. On July 31, 2013, the Defendant filed an application for a compulsory auction on real estate 19 bonds owned by the Plaintiff, including the instant housing, with the title of the execution of the decision to recommend the settlement of this case as Hongsung Branch E, Daejeon District Court, and the said court rendered a decision to commence the auction on the said housing bonds 19 bonds.

(hereinafter “Procedure for Compulsory Auction”) D.

Accordingly, on August 23, 2013, the Plaintiff deposited the balance of lease deposit and damages for delay 18,906,770 won as the Hongsung Branch Branch of the Daejeon District Court (Seoul District Court Decision 757, 2013, the Plaintiff received a decision of revocation of the procedure for compulsory auction of this case on May 23, 2014, by filing a suit of objection with the Daejeon District Court under the Hongsung Branch of the Daejeon District Court (2013Gadan99) and receiving a decision of revocation of compulsory auction of this case against the Defendant.

[Ground of recognition] The facts without dispute, and the evidence Nos. 3 through 9, respectively.

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