건물명도(인도)
1. The judgment of the court of first instance is modified as follows.
The defendant shall receive KRW 21,610,022 from the plaintiff at the same time.
1. The reasoning of this court concerning the determination of the facts of recognition and the grounds for a claim by the parties is as stated in the judgment of the court of first instance, except for the addition to the part of the “recognized facts” in the judgment of the court of first instance as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
C. On June 8, 2018, the Plaintiff deposited KRW 14,822,216 with the Defendant (B) as the principal deposit (Seoul District Court Decision 6218, Jincheon District Court Decision 2018).
On June 8, 2018, the Plaintiff filed an application for provisional seizure of the claim for payment of deposit money with the Defendant (B) and a third debtor as the Republic of Korea. On June 8, 2018, the provisional seizure order (In Incheon District Court 2018Kadan2578) was issued on June 8, 2018.
2. Judgment on the defendant's simultaneous performance defense
A. Since the lessee’s obligation to return the leased object and the lessor’s obligation to return the remainder of the leased object arising when the lease contract is terminated is in simultaneous performance relationship, if the lessee continues to possess the leased object in order to secure the claim to return the leased object based on the right of defense of simultaneous performance, it cannot be deemed that the leased object has been illegally occupied.
In addition, unless the leased object is used or profit-making according to its original purpose, it cannot be said that the lessee gains a substantial benefit from the leased object. Thus, the lessee does not immediately have the obligation to return unjust enrichment on the ground that the lessee continued to possess the leased object.
[See Supreme Court Decision 2012Da14395, Jun. 28, 2012; 2012Da14401, Jun. 28, 2012; etc.] Meanwhile, in a lease agreement, a lease deposit guarantees all the lessee’s obligations arising between the lease and the termination of the lease agreement and the termination of the lease agreement until the lessor issues an order to the lessor. The amount equivalent to the secured obligation is naturally deducted from the security deposit, barring any special circumstance, when the object is returned after the termination of the lease agreement.