건물명도등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasons why the court should explain this part of the cited judgment of the court of first instance are the reasons why the judgment of the court of first instance is delivered
(a) Except for the portion relating to “(2) simultaneous performance” as follows, it is consistent with the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“(2) Even if the Defendant is obligated to deliver at the same time, the Defendant asserts that the Plaintiff’s request for delivery of a lease deposit may not be complied with until the Plaintiff receives full refund of KRW 40 million from the Plaintiff, on the ground that the use value of the lease deposit would be significantly lowered if the Plaintiff’s request for delivery of a lease deposit was accepted. Considering that the Defendant’s 101 and 102 combined as one of the non-10 and 102 combined as one of the items, the Defendant is deemed to have a single lease agreement purpose, and thus, the Defendant cannot be deemed to have reduced the utility value compared to the use of 101 and 102 combined as one of the items, and that the Plaintiff’s request for delivery of a lease of a lease of a non-101 and 102 combined as one of the items, and that the Defendant shall not be deemed to have any other duty to return the deposit at the rate of 101 and 102, and that the Defendant’s 101 and 4010 per non-owner’s own value per unit.
Therefore, the defendant paid 102 U.S. and 40 million U.S. security deposit for M.C. 101 to M.C. development, whichever is 102 U.S.