건물인도
1. The defendant shall receive KRW 100,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached list to the plaintiff.
According to the evidence evidence Nos. 1 and 2, the Plaintiff leased the instant building to the Defendant on September 25, 2014 by setting the lease deposit of KRW 110,00,000, and the lease period from October 30, 2014 to October 29, 2016. Upon the Defendant’s request on March 27, 2016, it is recognized that the Plaintiff paid KRW 10,000,000 out of the lease deposit to the Defendant, and the said lease contract was terminated on October 29, 2016. Thus, it is apparent that the Defendant is obligated to deliver the instant building to the Plaintiff.
On the other hand, the defendant raised a defense of simultaneous performance that the building of this case cannot be delivered until the time the lease deposit is paid. Thus, the lessor's obligation to return the lease deposit upon the termination of the lease contract and the duty to deliver the object of the lease is in the simultaneous performance relationship. The plaintiff has already paid KRW 10,000,000 out of the lease deposit paid by the defendant, and the remaining amount is 100,000,000,000. Accordingly, the defendant is obligated to deliver the building of this case to the plaintiff at the same time with the payment of KRW 100,00,000 from the plaintiff.
The defendant's simultaneous performance defense is reasonable.
The plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.