건물인도 등
1. The defendant shall deliver buildings listed in the separate sheet to the plaintiffs.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On March 4, 2014, the Plaintiff leased (hereinafter “the instant lease”) a building listed in the attached list (hereinafter “instant building”) to the Defendant by setting the lease deposit of KRW 20,000,000, monthly rent of KRW 600,000 (value-added tax separate, monthly payment of KRW 29,000) and the lease term from March 4, 2014 to February 29, 2016 (hereinafter “the instant lease”).
B. Since then, according to the agreement between the plaintiffs and the defendant, the term of the instant lease was renewed until February 29, 2018.
C. From May 29, 2015, the Defendant did not pay the Plaintiffs the instant lease rent.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The fact that the legal brief dated November 22, 2017, on November 24, 2017, stating the Defendant’s declaration of intent to terminate the lease of this case on the grounds of the Defendant’s delay in rent as to the cause of the claim, was delivered to the Defendant on November 24, 2017, is apparent in the record, so the lease of this case was lawfully terminated.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiffs.
3. Judgment on the defendant's defense
A. The defendant shall make a simultaneous performance defense that the plaintiffs cannot comply with the plaintiffs' request for extradition until the plaintiffs are returned the lease deposit of this case from the plaintiffs.
B. The fact that the Defendant paid KRW 20,000,000 to the Plaintiffs is not a dispute between the parties.
However, in the lease of real estate, the lease deposit that the lessee pays to the lessor is guaranteed until the lease relationship terminates and the lessee returns the object (see Supreme Court Decision 2012Da49490, Sept. 27, 2012). The fact that the Defendant did not pay the Plaintiffs the rent of this case from May 29, 2015 is as seen earlier, and the sum of the unpaid rent calculated at the rate of 660,000 won per month, including value-added tax, from May 29, 2015 to the date of closing the argument of this case.