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(영문) 수원지방법원 평택지원 2018.05.11 2017가단59428
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 25, 2014, the Defendant leased from the Plaintiff Eunpyeong-gu Seoul Metropolitan Government 202 Dong 504 (hereinafter “instant apartment”) a lease (up to April 16, 2016, the lease deposit amount of KRW 80 million, the lease period of KRW 80 million, and the lease period of KRW 504) and had resided in the instant apartment since that time.

On January 2016, 2016, the Defendant decided not to renew the above lease contract, and the Plaintiff laid down the apartment of this case as a pre-sale property.

On March 27, 2016, the Plaintiff entered into a lease agreement with Nonparty D as of May 23, 2016 on the occupancy date and the remainder payment date of the lease deposit with respect to the instant apartment, and received a promise from the Defendant to the director by May 18, 2016 through the real estate brokerage office, providing the Defendant with a partial return of the lease deposit amount of eight million won.

B. On or before May 18, 2016, the Defendant: (a) requested a director on May 18, 2016 to the Gando Center and was preparing for directors on or around April 29, 2016; (b) transferred money from the Plaintiff to the date of directors at KRW 72,00,000 from KRW 71,00 to KRW 71,00,000,000; and (c) was called “a separate payment after the settlement of the management expenses unless there is any error after inspecting the apartment in the instant case.”

On May 18, 2016, the Defendant expressed his intention to “not to have the deposited money paid without paying the deposited money,” and withdrawn the request for transportation of the transferred article from the Center.

On May 18, 2016, the Plaintiff heard the awareness that the Defendant is refusing to be a director from a real estate broker E, and arrives at the site of 12:30 on the same day, and the Defendant’s “Defendant” pays the remainder of the remainder and bears the repair cost incurred during the lease. The Defendant shall be a director until May 23, 2016, and the Defendant shall be a director until May 19, 2016 or from May 21, 2016.

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