토지인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the court of first instance, except for the addition of the following "2. Additional Judgment" as to the defendant's new argument in this court, and thus, it is acceptable to accept it as it is in accordance with the main sentence
(2) The court below's findings and determination of the first instance court is just even if the evidence duly admitted and examined by the court of first instance presented to this court was delivered to the defendant, and there were no errors as alleged in the ground of appeal by the defendant). 2. Additional determination
A. The Defendant asserted simultaneous performance, on November 10, 201, paid KRW 10 million to the Defendant as premium for the instant land and the plastic greenhouse on its ground, and the Plaintiff promised to return KRW 10 million to the Defendant on May 30, 2015, and June 16, 2015, and thus, the Defendant cannot respond to the Plaintiff’s claim until the refund of KRW 10 million.
It is difficult to readily conclude that an agreement has been reached between the Plaintiff and the Defendant on the return of KRW 10 million solely with the descriptions of evidence Nos. 4-1, 2, and 10 of the evidence No. 4-1, 2, and 10, and no other evidence exists to prove otherwise.
Even if an agreement was reached as alleged by the Defendant, so long as such agreement was reached separately from the sub-lease contract between the Plaintiff and the Defendant, the Defendant’s obligation to deliver the instant land and its ground houses to the Plaintiff cannot be deemed to have a simultaneous performance relationship with the Plaintiff’s obligation to return the said premium to the Defendant. Therefore, the Defendant’s allegation is difficult to accept.
B. On October 201, the Defendant asserted abuse of rights: (a) lent a vinyl with a size of 63 square meters in Gangnam-gu Seoul, Seoul and a size of 67 square meters in Gangnam-gu, Seoul, the Defendant: (b) filed a lawsuit against the Defendant seeking the delivery of the entire vinyl; and (c) withdrawn the part relating to the vinyl on the ground of 67 square meters in Gangnam-gu, Seoul.