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Reasons
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(영문) 서울동부지방법원 2014.11.28 2014가합105941
손해배상(기)
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1. The Defendant’s KRW 70,000,000 as well as annual 5% from June 5, 2014 to November 28, 2014 to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in the statements in Gap evidence Nos. 3-1 to 11, evidence No. 12-5, evidence No. 12-1 to 13, Eul evidence No. 1 and No. 2.

On May 29, 2013, the Plaintiff entered into a lease agreement with the Defendant and the instant building for the lease deposit of KRW 50,000,000, monthly rent of KRW 500,000, and the term of lease from May 29, 2013 to May 28, 2015, while the Plaintiff owned the instant building (hereinafter “instant building”). The Defendant leased the instant building to operate the telecom with the name “D” from the instant building.

B. (1) On October 10, 2013, on the instant real estate, the auction procedure for the instant real estate (hereinafter “instant auction”) began to be commenced on October 10, 2013, Daejeon District Court’s official order support E.

(2) In the instant auction procedure, on October 28, 2013, the Defendant filed a report on the right of KRW 50,000,000 as lease deposit, and KRW 5,00,000 as monthly rent, and without any special ground, on January 3, 2014, the Defendant had a claim for the repair cost of KRW 4,00,000 to the Defendant, as in the complaint, as in the instant auction procedure.

Even if so, it seems that the following does not affect the judgment.

It received a report on the right under the lien to exercise the lien equivalent to KRW 300,000,00 (hereinafter “the lien of this case”) with the boiler repair, guest room fixtures, and facility installation cost.

C. (1) In the instant auction procedure, the appraised value of the instant real estate was KRW 2,168,879,900, but was inspected on three occasions (on January 13, 2014, KRW 2,168,879,900 on the minimum sale price on the date of sale, and KRW 1,518,216,00 on February 24, 2014; KRW 1,062,751,00 on the date of sale on March 31, 2014; and KRW 1,062,751,00 on the date of sale on March 31, 2014).

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