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(영문) 서울중앙지방법원 2020.08.13 2020나6763
공제금 등 청구의 소
Text

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

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows. Thus, the reasoning of the judgment of the court of first instance cited in the main sentence of Article 420 of the Civil Procedure Act, excluding the following:

[The part used by the court below] The following circumstances can be acknowledged by comprehensively taking into account the purpose of all pleadings and the evidence mentioned above. In other words, there are many lessees in the case of a multi-family house, and the status of a multi-family house is not indicated in the real estate registration book. Thus, in the case of a lease contract for a multi-family house, the risk of not recovering the lease deposit due to senior lease contract exists, and such risk is likely to have been known to a certain extent. The plaintiff who entered into a lease contract for a multi-family house in this case must endeavor to prevent damages by ascertaining the market price of the multi-family house in this case, senior lease status, lessor's financial standing, etc., and make efforts to determine the possibility of returning the lease deposit by himself. However, intermediaries such as L, etc. are in the position of mediating the lease contract in this case upon delegation by both parties. It is not easy for an intermediary to properly grasp the exact contents of the lease contract from the lessor, and it appears that the amount of the lease contract in this case is limited to 00% broker, etc.

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