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(영문) 울산지방법원 2020.04.23 2019나241
계약금반환 등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 1, 2018, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with Defendant B, a licensed real estate agent, on the following day: (a) the Plaintiff entered into a real estate lease agreement with Ulsan-gun, Ulsan-gun, a U.S. D (16.8 square meters; hereinafter “instant store”) on a deposit basis; (b) KRW 1.5 million in monthly rent; and (c) the lease period from April 1, 2018 to March 31, 2021; and (d) KRW 4.5 million in monthly rent, etc. with the existing lessee of the instant store; and (c) on the same day, the Plaintiff paid KRW 1.5 million in monthly rent to F, a lessee of the instant store; and (d) KRW 1.5 million in the agreement on March 1, 2018; and (d) the remainder KRW 3 million in March 15, 2018.

B. On March 1, 2018, the Plaintiff paid to Defendant B a deposit of KRW 1 million, and KRW 1.5 million out of the premium to F (one million of the premium paid in advance on February 20, 2018), respectively, and from April 2, 2018, the same year.

8. By March, 800, Defendant B paid the monthly rent of KRW 750,00 (=150,000 x 5) to Defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that Defendant B should allow the Plaintiff to use the instant store under the instant lease agreement, but the former lessee F’s goods are left alone in the instant store, and the Plaintiff was unable to use the instant store due to the Plaintiff’s failure to perform the water leakage repair of the instant store. Therefore, the Plaintiff’s rescission of the instant lease agreement through the delivery of a duplicate of the instant complaint.

(B) The Plaintiff entered in the complaint as termination, but the Plaintiff is obligated to pay to the Plaintiff the sum of the deposit, monthly rent, brokerage commission, and premium paid to the Plaintiff, KRW 3.5 million in total, plus KRW 5 million in total, and KRW 5.3 million in total, incurred by the Plaintiff from using the instant store, and KRW 1.8 million in total. The instant lease agreement is concluded.

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