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(영문) 서울북부지방법원 2019.08.20 2019가단5359

건물인도

Text

1. The defendant receives KRW 23,00,000 from the plaintiff and simultaneously receives KRW 23,000 from the plaintiff, 1,00 among the 1st floor of the building indicated in the attached Table.

Reasons

1. In full view of the purport of Gap evidence Nos. 1 and 2 as to the duty to deliver the leased object, the plaintiff entered into a lease contract with the defendant on March 10, 202 by setting the lease deposit amount of 23 million won (no monthly rent) and the period from April 13, 2002 to 24 months (hereinafter "lease"), and the defendant paid the above lease deposit to the plaintiff and resided in the leased object of this case on several occasions, and the fact that the plaintiff had a household in the house of this case as to the leased object of this case on April 5, 2019, and that the plaintiff already notified the defendant of the termination of the lease relationship, barring any special circumstance that the lease object of this case had already been delivered to the defendant by mail.

2. As to the defendant's simultaneous performance defense, the defendant's simultaneous performance defense is justified since the defendant can deliver the leased object of this case at the same time with the return of the above lease deposit from the plaintiff.

3. According to the conclusion, the defendant is obligated to deliver the leased object of this case to the plaintiff at the same time with the payment of the lease deposit of KRW 23 million from the plaintiff. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.