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(영문) 서울북부지방법원 2015.06.26 2014가단128400
건물인도
Text

1. The defendant shall be paid KRW 250 million from the plaintiff and at the same time the plaintiff shall be provided with real estate stated in the attached Table.

Reasons

1. The basic facts

On July 13, 2010, the Plaintiff leased real estate listed in the attached list (hereinafter referred to as “instant apartment”) to the Defendant, 200 million won, and the lease period from August 13, 2010 to August 12, 2012, and received 200 million won from the Defendant in accordance with the above lease agreement, and delivered the instant apartment to the Defendant on August 13, 2010.

B. On August 9, 2012, the Plaintiff and the Defendant concluded a lease agreement with a maturity of the lease agreement up to August 12, 2014 (hereinafter “instant lease agreement”). Around that time, the Plaintiff was paid KRW 5,000,00 for the lease deposit increased by the Defendant.

C. On June 30, 2014, the Plaintiff’s wife demanded the Defendant’s wife to increase the lease deposit by telephone conversations. The Defendant’s wife stated that it would not re-contract to the effect that the Defendant’s wife would not pay the secured debt out of the lease deposit increased at the time.

On July 11, 2014, the Defendant made phone calls to the Plaintiff for re-contract or ought to be made by adjusting each other’s amount, and agreed to cooperate with the Plaintiff so that the deposit for lease may be paid at the time by lowering the asking Price, and the Defendant made telephone conversations with each other.

E. On July 13, 2014, the Plaintiff stated to the effect that he/she would not conclude the instant apartment contract with the Defendant, and that he/she would endeavor to pay the rent deposit at the time.

F. On July 23, 2014, the Defendant’s wife called the Plaintiff’s wife to put the house at a lower price than other apartment buildings, and there was no person who opened the house, and the Defendant demanded confirmation as to whether the payment of the deposit for lease was certain at the end of the lease, and the Plaintiff’s wife, who was thought to receive money from the new lessee, was aware of the branch, and then offered a high price on the belief of the intermediary only at the end of the lease.

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