(영문) 의정부지방법원고양지원 2019.01.16 2018가단79304

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(영문) 의정부지방법원고양지원 2019.01.16 2018가단79304

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 23, 2018, the Plaintiff leased the Yongsan-gu Seoul Apartment D (hereinafter “instant apartment”) from the Defendant for a deposit of KRW 280 million (hereinafter “instant apartment”) at KRW 280,000,000,000 for a down payment of KRW 28,000,000,000 on the date of the contract, and the remainder of KRW 252,00,000,000 on the date of delivery of the said apartment.

3. The Agreement was made to pay each of 16.

At the time of the instant lease contract, the lessor: (i) before the lessee pays the intermediate payment to the lessor, the lessee may waive the down payment and rescind the contract; and (ii) the other party may demand the performance and rescind the contract if the lessor or lessee fails to perform the contractual terms; and (iii) claim damages and claim the down payment based on the compensation for damages.

B. On March 16, 2018, the instant lease agreement was not implemented.

On the same day, the Defendant set up a right to collateral security (the maximum debt amount of KRW 240 million) with respect to the instant apartment for the purpose of returning the lease deposit amount of KRW 252 million to the lessee of the instant apartment to E (hereinafter “E”) and borrowed KRW 200 million from the said bank for the purpose of returning the lease deposit amount of KRW 250 million.

C. On April 2, 2018, the Defendant sold the instant apartment at KRW 370 million to F, and completed the registration of ownership transfer on April 20, 2018.

[Grounds for recognition] Gap evidence Nos. 1, 2, Eul evidence No. 3, the purport of the whole pleadings

2. Assertion and determination

A. At the time of the instant lease agreement, the Plaintiff asserted that only the collateral exists with the maximum debt amount of 18 million won on the instant apartment at the time of the instant lease agreement. However, the Defendant, on March 16, 2018, instigated the Plaintiff by setting up the collateral with the maximum debt amount of 200 million won on the said apartment, and thus, should compensate for the damages therefrom.

However, this is a matter of non-performance, not a matter of deception, but the defendant in this case.

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