손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as follows: "The only description of evidence No. 20 to No. 23" in Section 11 of Section 4 of the first instance court's decision is as follows: "No. 20 to No. 23, and No. 25 to No. 28 shall be the only description and image of evidence No. 6 in light of the description of evidence No. 6; and the plaintiff's assertion in the first instance court is as stated in the reasoning of the first instance court's decision, except for addition of the following judgment to the corresponding part, so it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure
2. The Plaintiff asserts that the Defendant’s refusal of an additional determination is a tort against the Plaintiff (i.e., damages arising therefrom) (i., compensation for a penalty of KRW 54 million against D on February 1, 2013).
Since the obligation of the lessee to deliver the leased object after the termination of the lease and the obligation of the lessor to return the lease deposit have a relationship of simultaneous performance, if the lessee occupies, uses, or profits from, the leased object in accordance with the right of defense of simultaneous performance, the possession cannot be deemed illegal possession, and thus, the liability
(See Supreme Court Decision 87Meu2114 Decided February 28, 1989, etc.). In this case, the defendant's failure to deliver the apartment of this case to the plaintiff on January 31, 2013 is based on the right of defense for simultaneous performance. Thus, it cannot be viewed as an illegal act against the plaintiff.
Therefore, the plaintiff's above claim is without merit.
3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition and the remaining claims are dismissed as they are without merit. The judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.