(영문) 부산지방법원 2019.10.18 2019나45104

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.10.18 2019나45104

계약금반환

Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 28, 2018, the Plaintiff leased the Seo-gu Busan metropolitan apartment D (hereinafter “instant apartment”) owned by the Defendant for two years from May 30, 2018 to May 29, 2020, the lease deposit amount of KRW 250 million, and the lease deposit amount of KRW 20 million on the date of the contract, 20 million, and 2018.

5. 30. Conclusion of a lease agreement to pay the remainder KRW 230 million (hereinafter “instant lease agreement”) and completion of payment of KRW 20 million to the Defendant on the same day.

B. Article 7 of the instant lease agreement provides that “If a lessee or lessee has failed to fulfill the terms of this contract, the other party may notify the person who has failed to perform the contract in writing and cancel the contract. In such cases, the other party may claim damages arising from the cancellation of contract to the other party, respectively, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed.”

C. The plaintiff is the above A.

After paying the down payment to the Defendant as stated in the foregoing paragraph, the Defendant was requested through a licensed real estate agent E who arranged the above lease contract to cancel the above lease contract.

Around May 2018, the Defendant entered into a lease agreement with a new lessee on the apartment of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, upon entering into the instant lease agreement and paying the down payment, requested the Defendant to cancel the said lease agreement through a licensed real estate agent E, and upon entering into a new lease agreement with the Defendant with respect to the instant apartment amount of KRW 20 million, the Plaintiff would be entitled to receive the remainder of the management expenses and interest on the loan accrued up to the time when the new lessee entered into the lease agreement with the Defendant.

유사 판례

-서울남부지방법원 2020.08.27 2019나53639

-의정부지방법원고양지원 2019.05.29 2018가단96637

-수원지방법원 2019.06.21 2018나92738

-의정부지방법원 2019.05.10 2018나6335

-수원지방법원 2016.11.02 2015가단138984