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(영문) 부산고등법원 2020.04.09 2019나52723
임차보증금반환 청구의 소
Text

1. Of the parts ordering the payment of damages for delay in the judgment of the court of first instance, the amount of KRW 186,880,520 shall be from July 20, 2018, to 7,416.

Reasons

1. Basic facts

A. 1) On September 1, 2017, the Plaintiff entered into the instant lease agreement. On September 1, 2017, the 4th floor building on the Plaintiff’s land (hereinafter “instant building”).

A) The Defendant’s owner and the Defendant’s owner are the public bath operated by the said building (hereinafter “instant bath”).

(2) In taking over the instant building, a lease agreement which is concluded to lease the instant building with the term of September 1, 2019 (hereinafter “instant lease agreement”) for the lease deposit amounting to KRW 200 million, monthly rent amounting to KRW 400,000,000, and the term of lease for the remaining portion of the first floor boiler, the first floor 1, the first floor 2, the second floor 2, and the third floor 3, the second floor 3, and

(2) On September 2, 2017, the Plaintiff entered into a bath business upon delivery of the instant bath from the Defendant and paid KRW 200 million to the Defendant on the same day.

B. On November 2017, the Plaintiff notified the Defendant of the results of water quality testing, and requested a fee adjustment, etc., but the Defendant notified the Defendant of the settlement amount premised on the termination of the lease agreement through the real estate broker.

Accordingly, on November 24, 2017, the Plaintiff was judged inappropriate as the result of the instant bath test, and did not take any measures, such as the repair or reinstallation of water-purification facilities, even though water-purification facilities were impossible to use, and thus the contract is terminated as of November 30, 2017. The Plaintiff sent content-certified mail to the Defendant at that time, and sent the mail to the Defendant at that time, and the Plaintiff suspended the operation of the bath.

C. On the other hand, on November 27, 2017, the Defendant entered into an exchange contract with D to exchange the instant building and Busan EM No. 4th floor F of the building. On November 28, 2017, the Plaintiff completed the registration of ownership transfer based on sale and purchase of the instant building. Since the instant lawsuit was filed, the said exchange contract was concluded on February 26, 2018.

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