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(영문) 부산지방법원 2019.12.19 2019가단8173

건물인도

Text

1. The defendant shall receive KRW 250,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached list to the plaintiff.

Reasons

1. Judgment on the claim and defense

A. On January 14, 2017, the Plaintiff entered into a lease contract with the Defendant for the rental deposit of KRW 250,000,000 and the rental deposit of KRW 250,000,00, and the lease period of February 16, 2019. The Plaintiff received KRW 250,000,000 from the Defendant around that time.

The above lease contract was terminated by the expiration of the above lease term, and the defendant currently occupies and uses the above real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1

B. (1) According to the above facts, the above lease contract was terminated, and the defendant is obligated to deliver the real estate stated in the separate sheet to the plaintiff.

(2) However, since the obligation to return the leased object and the obligation to return the deposit are also simultaneously performed after the termination of the lease contract, this part of the defendant's defense is justified.

2. The plaintiff's claim for the conclusion is justified within the scope of the above recognition.