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(영문) 대구고등법원 2015.10.07 2014나22575
임대차보증금
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance, which exceeds the following part ordering payment.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1 Basic facts

A. On December 23, 2009, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the lease deposit amount of KRW 170 million and the lease term of KRW 170 million from January 18, 2010 to January 17, 2012 (hereinafter “instant lease agreement”).

(No. 2, No. 1) The major contents of the contract in relation to the instant case are as follows:

Article 2 The lessor shall deliver the above apartment to the lessee by January 18, 2010, while the lease period shall be 24 months from the date of delivery until January 17, 2012.

Article 6 (if there is no intermediate payment, the lessor shall repay the intermediate payment to the lessor until he pays the intermediate payment (if there is no intermediate payment, the remainder), and the lessee may waive the down payment and rescind this contract.

Matters of special agreement

2. The lessee shall set up a right of lease on a deposit basis, and the lessor shall submit necessary documents on the outstanding date (the cost of establishment and cancellation shall be borne by the lessee and shall be the same as the return of the deposit for lease on a deposit basis

On January 18, 2010, the Defendant received the lease deposit based on the instant lease agreement from the Plaintiff, and completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) with respect to the said apartment from January 18, 2010 to January 17, 2012 (hereinafter “registration of establishment of chonsegwon”) to secure its return.

(No. 1, No. 35)

From January 18, 2010 to June 23, 2014, the Plaintiff resided in the above apartment and paid 528,000 won in total to the managing body of the apartment on behalf of the Defendant who is the owner.

(A) No. 8, D.

On June 23, 2014, the Plaintiff moved out from the above apartment and moved out to another place, and on June 24, 2014, the said apartment is against the Defendant.

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