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(영문) 서울남부지방법원 2018.09.18 2018가단3865
보증금반환
Text

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 8, 2010, C and D entered into a lease agreement with E on the second floor G (hereinafter “instant housing”) of Mapo-gu Seoul Metropolitan Government FF Building No. 2 (hereinafter “instant housing”) with a deposit of KRW 120 million, management expenses, monthly management expenses, and January 7, 2012 without monthly rent (hereinafter “instant lease agreement”). In fact, the Plaintiff resided in the instant housing with the lessor and lessee’s consent.

B. The instant lease agreement has been renewed again on January 8, 2016, and finally renewed.

C. The Defendant purchased the instant house from C and D and completed the registration of ownership transfer on February 9, 2017.

The Plaintiff’s director on January 8, 2018 and delivered the instant house to the Defendant. The Defendant offered KRW 3,471,590 under the pretext of unpaid management expenses, public charges, and restoration expenses, and returned KRW 116,528,410 to E.

(However, among them, 60 million won has been remitted to the lessor of the house that the plaintiff moved in accordance with the direction of E). 【No dispute exists, Gap evidence Nos. 1, 4, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings.

2. Assertion and determination

A. The plaintiff's assertion 1) The defendant must return 3.27 million won, which was unfairly deducted from the lease deposit, to the plaintiff. 2) The defendant has a duty to compensate the plaintiff for the damages caused by his act as follows.

The instant housing was problematic in the kitchen and the toilet since the occupancy.

Therefore, the plaintiff tried to have a director since the expiration of the first term of lease, but the lessor has not received and therefore the lessor has to have an inevitable life.

After acquiring the ownership of the instant house, the Defendant threatened the Plaintiff, whose term of lease remains, as soon as possible.

The Plaintiff’s house at around 11:00 on the day of directors, and this case’s house to the Defendant.

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