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1. Of the judgment of the court of first instance, the part of the claim for damages and the claim for reimbursement of necessary expenses, including those reduced at the trial.
Reasons
1. In the first instance court, the Plaintiff filed a claim for refund of lease deposit, a claim for reimbursement of necessary or beneficial expenses, and a claim for damages under various names (including the aforementioned claim), and the court of first instance dismissed all the Plaintiff’s claim.
As to this, the Plaintiff appealed to only some of the claims for reimbursement of necessary or beneficial expenses, and only some of the claims for compensation for damages (including claims for consideration) under various names. As such, this Court shall decide to only the appeal filed by the Plaintiff.
2. Basic facts
A. On July 4, 2013, the Plaintiff leased, from the Defendant, Yongsan-gu Seoul and two lots of land (hereinafter “instant loan”) KRW 401,00,000,000 from July 16, 2013 to July 15, 2015, the lease deposit was set as KRW 17 million.
(hereinafter “instant lease agreement”). B.
The Plaintiff paid all the above lease deposit to the Defendant around that time, and resided in the loan of this case from July 16, 2013.
【Ground for recognition】 There is no dispute
3. The party's assertion and judgment
A. On August 2014, the Plaintiff asserted the part on the claim for damages (the part related to the provisional contract). Around August 2014, the term of the instant lease agreement, the Plaintiff discussed that D, an agent of the Defendant, “it is intended to terminate the instant lease agreement due to various defects, etc. in the instant loan.” Accordingly, D agreed to the termination of the instant lease agreement and agreed to the effect that D “new lessee is discovered.”
B. Accordingly, the Plaintiff concluded a lease agreement with E to lease the instant loan, and received KRW 3 million from E as the provisional contract deposit. Since then, the Defendant refused to enter into a lease agreement with E in a fixed manner. Accordingly, the Plaintiff is the said provisional contract deposit to E.