전세보증금반환
1. The defendant shall pay 72,000,000 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
1. Indication of claims: To be as specified in attached Form 1;
2. Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act.
3. In part, the Plaintiff is also seeking damages for delay for the lease deposit amounting to KRW 72 million.
However, if both obligations are simultaneously performed in a bilateral contract, even if the fulfillment period for one of the parties' obligations arrives, the other party's obligations are not liable for delay of performance until the other party's obligations are performed.
There is no evidence to acknowledge that the Plaintiff provided or performed performance for the delivery of the instant real estate to the Defendant, and rather, the Plaintiff voluntarily testified that he/she is residing in the instant real estate until the date of the closing of argument.
Therefore, it cannot be said that the Defendant is liable for delay of performance with respect to the obligation to pay the lease deposit of this case, which is simultaneously performing the obligation to deliver the real estate of this case.
The plaintiff's assertion on this part is not accepted.