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(영문) 대구지방법원 2018.12.19 2017나12071

건물인도등

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for dismissal or addition as stated in the following Paragraph 2. Thus, it shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the second and second half of the judgment of the court of first instance, the following five acts: “The real estate of this case” (hereinafter “the real estate of this case”) shall be deemed to be “the real estate of this case” and “the second and second half of the judgment of the court of first instance shall be deemed to be “the real estate building of this case” and “the second and second two acts (hereinafter “2016 February 24, 2016”) shall be deemed to be “the first and second acts (hereinafter “this case’s real estate”). The Plaintiff shall be deemed to have the duty to deposit the Defendant’s real estate of this case with the third and first acts (hereinafter “the third and first acts of March 15, 2016”), and the Plaintiff shall be deemed to have the duty to deposit the Defendant’s real estate of this case, and the Plaintiff shall have the duty to deposit the Defendant’s real estate of this case with the first and second acts (hereinafter “the first and second acts of this case’s real estate of this case’s real estate of this case’) to be returned to the Defendant’s real estate of this case’s real estate.”

The duty to return the deposit of a lessor upon termination of a lease agreement is in the relationship of simultaneous performance with the duty to return the leased object. In a lease agreement, the deposit guarantees all the obligations of a lessee arising from the lease after termination of the lease agreement until the object is delivered to the lessor. The amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, unless special circumstances exist.