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(영문) 대구지방법원 2019.11.27 2019가단110152
손해배상(기)
Text

1. The Plaintiff:

(a) Defendant B is KRW 60 million;

B. Defendant C and D Association are jointly with Defendant B.

Of the money stated in the subsection.

Reasons

1. Facts of recognition;

A. On October 6, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B and Busan City E, fourth, and first-class neighborhood living facilities (hereinafter “instant building”), setting the lease deposit of KRW 60 million and the lease term of KRW 11, 2017 to November 10, 2019 (hereinafter “instant lease agreement”).

B. Defendant C is a licensed real estate agent, and the instant lease contract was mediated, and Defendant D Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant C.

C. On May 9, 2016, the establishment registration of the instant building was completed, which was the maximum debt amount of KRW 650 million, Defendant B, and a collective security guard association, on the instant building. However, on August 8, 2018, the voluntary auction procedure for the instant building and its site (hereinafter “instant auction”) was commenced on the application of the G Union, and the Plaintiff did not receive any distribution at all from the dividends implemented on June 25, 2019 (hereinafter “instant dividend”).

[Ground of recognition] Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act): The remaining Defendants: The non-contentious facts, Gap evidence Nos. 1, 2, and 5, and the purport

2. According to the facts of the above recognition as to Defendant B, the instant lease contract was terminated. Thus, Defendant B is obligated to pay the Plaintiff the lease deposit amount of KRW 60 million.

The obligation to return the deposit is due upon the termination of the lease, but the obligation to return the object of the lease to the lessor by restoring it to its original condition, and the obligation to return the remainder of the deposit after deducting the lessor’s overdue rent and damage claim arising from the date of delivery from the lease to the same simultaneous performance relationship. Therefore, the lessor is not liable due to delay as long as it is possible for the lessor

The Plaintiff is obligated to return the instant house.

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