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(영문) 창원지방법원 2020.09.16 2020가단660

건물인도등

Text

The defendant shall receive KRW 2,00,000 from the plaintiffs in return for the payment of KRW 2,00,000.

Reasons

1. On December 27, 1995, the plaintiffs are apartment management organizations and commercial management organizations composed of representatives from the residents' representatives of A apartment located in A apartment complex located in G Kimhae-si, with the lease deposit amount of KRW 5,00,000, monthly rent of KRW 250,000, and the lease term of KRW 24 months until December 26, 1997, the plaintiffs are to lease the above deposit amount of KRW 3,000,000,000 among the above deposit amount.

1. The A Apartment Steering Committee (hereinafter “Plaintiff 1”)’s KRW 2,00,00,00 was anticipated to receive the actual payment of KRW 1.50,00 among the monthly rent of KRW 2.50,000,00,000 among Plaintiff 2 (B apartment store service number Plaintiff 2, Plaintiff 2, and KRW 1.50,000,000,000 among the monthly rent of KRW 2.50,000,00 were to be received by Plaintiff 1, and KRW 2.50,000,00,00 was operated by Plaintiff 2 under the instant lease agreement. The instant lease agreement continued to be renewed and renewed, and it is presumed that the Defendant sent the instant notice to the effect that the Plaintiff would not renew the contract on October 31, 2019, and that the Defendant sent the instant real estate by means of the Defendant’s photophone, thereby, at the time of delivery.

2. According to the above facts, the instant lease agreement was lawfully terminated due to the plaintiffs' legitimate rejection notice prior to the maturity of December 26, 2019, with the lapse of the above period, and thus, the Defendant should order the plaintiffs to order the instant real estate, barring any other special circumstances.

3. As to this, the defendant has a simultaneous performance defense with the deposit amount of KRW 2,00,000, and there is no receipt by the plaintiffs.