보증금반환
1. The defendant takes delivery of the building Songpa-gu Seoul and No. 402 from the plaintiff, at the same time, KRW 140,000,000 to the plaintiff.
The Plaintiff and the Defendant concluded a lease contract with a deposit of KRW 140,00,00 for the lease deposit of KRW 140,00,00 for the Songpa-gu Seoul Building and KRW 402 for two years from January 30, 2013, and the lease term of KRW 140,00 for the lease deposit of KRW 40 for the lease deposit of KRW 30,00,00 for the lease. The fact that the Plaintiff began the auction procedure for the real estate for the above building while the lease was implicitly renewed and maintained after the lease term expires and that the Plaintiff requested the Defendant to terminate the lease over several occasions from May 2017, is recognized by each entry in the evidence Nos. 1 and 4. Therefore, the lease of the Plaintiff and the Defendant was terminated
However, the defendant raises a defense of simultaneous performance to the effect that he refuses to pay the lease deposit until the lease object is returned. Since the return of the lease object and the return of the lease deposit are related to the simultaneous performance, and the plaintiff occupies the building which is the current lease object, the above defense of the defendant is reasonable.
Therefore, the defendant is obliged to pay KRW 140,000,000 to the plaintiff at the same time with delivery of the building Seoul Songpa-gu C and 402.
(As long as the obligation of the plaintiff and the defendant is in the simultaneous performance relationship, the obligation of the defendant to return the lease deposit does not occur).