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(영문) 울산지방법원 2017.04.13 2016나2253
전세금반환
Text

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

Reasons

1. Facts of recognition;

A. On December 4, 2008, the Plaintiff entered into a lease contract of KRW 110,00,000 for the deposit money for lease on a deposit basis with the Defendant on December 4, 2008 (hereinafter “instant apartment”) and received the delivery of the instant apartment from the Defendant at the same time, while paying all the deposit money for lease on a deposit basis on December 30, 2008.

On December 4, 2010, the Plaintiff concluded a lease contract of KRW 180,00,000 for the instant apartment with the Defendant, and concluded a lease contract of KRW 200,000 for the deposit money on December 30, 2012 and paid all the deposit money.

B. The Plaintiff agreed to restore the apartment of this case to its original state at the time of the lease agreement and deliver it to the Defendant under the above lease agreement.

C. On October 5, 2015, the Defendant agreed to terminate the lease contract with the Plaintiff. At the same time, upon receiving the procedure for cancellation registration of the lease on a deposit basis from the Plaintiff, the Defendant returned KRW 199,000,000 out of KRW 200,000 to the Plaintiff, and on the remainder of KRW 1,00,000,000 to the Plaintiff, the Plaintiff prepared a cash custody certificate on the condition that he/she delivers an apartment by November 30, 2015.

The Plaintiff resided in the apartment of this case and paid the total amount of KRW 886,920 in the long-term repair appropriations, and delivered the apartment to the Defendant on November 30, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 4, 7, 10, 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts found in the determination on the cause of the claim, the Defendant is obligated to pay the Plaintiff the sum of KRW 1,886,920 (i.e., the remainder amount of KRW 1,00,000 for the long-term repair appropriations of KRW 886,920,00 for the long-term repair appropriations of KRW 1,00,000 for the long-term repair appropriations, hereinafter “claims to refund security deposit, etc.”) and the damages for delay from December 1, 20

3. Judgment on the defendant's defense of set-off

A. The defendant bears the expenses of KRW 7,720,00 in total for the construction of destroyed or damaged parts while using the apartment.

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