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(영문) 의정부지방법원고양지원 2016.01.15 2015가단8974
손해배상(기)
Text

1. The Defendant: (a) 3,500,000 won to Plaintiff A and 5% per annum from March 29, 2015 to January 15, 2016; and (b).

Reasons

1. Basic facts

A. On March 9, 2012, Plaintiff A and the Defendant entered into a lease agreement with the Plaintiff on the lease of KRW 210,000,000 as deposit money, and up to March 9, 2014 for the period, KRW 210,000,000,000,000 owned by the Plaintiff (hereinafter “instant apartment”).

B. After that, on April 2, 2014, Plaintiff A filed a lawsuit against the Defendant for the delivery of the instant apartment (Seoul District Court High Court High Court Decision 2014Da11355) and rendered a judgment that “The Defendant would receive KRW 210 million from Plaintiff A and at the same time deliver the instant apartment to Plaintiff A” (hereinafter “instant judgment”), and the said judgment became final and conclusive on February 5, 2015.

C. On March 28, 2015, the Defendant delivered the instant apartment to the Plaintiff A. D.

Plaintiff

B is the wife of Plaintiff A, and Plaintiff C is the infant of Plaintiff A.

【Ground for recognition】 The fact that there has been no dispute, Gap 1 through 3 (including virtual numbers), Eul 3, the purport of the whole pleadings

2. Determination

A. The summary of the plaintiff's assertion 1) The defendant continuously occupied the apartment of this case despite the termination of the contract of this case, and obtained unjust enrichment equivalent to 70 million won, which is the difference between the deposit price of 280 million won and the deposit price of this case 210 million won. Accordingly, the plaintiff A sought a return of unjust enrichment of 3.5 million won, which is the one-year interest court against the defendant. 2) The defendant's application for an order of lease registration based on the delay in delivery of the apartment of this case, false facts, and the fact that the new tenant was not sought in a timely manner due to telephone verbal abuse, etc., the plaintiff suffered from mental suffering of the plaintiff. Thus, the defendant is obligated to pay 50 million won, respectively, compensation for tort.

B. As to the cause of the claim, the Defendant, even though the instant contract was terminated on March 9, 2014, occupied the instant apartment by March 28, 2015.

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