부동산명도 등
1. From October 14, 2015 to October 14, 2015, Defendant B’s delivery of real estate from the Plaintiff at KRW 10,000,000 each month.
1. On September 1, 2014, Defendant B leased from the Plaintiff the building indicated in the Plaintiff’s order from the Plaintiff to September 12, 2015, a deposit of KRW 10 million, monthly rent of KRW 900,000 (payment on September 13), and the period. However, from October 14, 2015 to September 14, 2015, Defendant C was in arrears in paying rent for several months; and Defendant C’s occupation as Defendant B’s child can be acknowledged by adding the entire purport of the pleadings to each of the items in the evidence Nos. 1 and 2.
On the other hand, the above lease was lawfully terminated through the service of a copy of the complaint of this case on the ground of the delinquency in rent.
Meanwhile, the above security deposit received by the Plaintiff based on the lease is guaranteed by the Defendants, even after the termination of the lease, until the Defendants actually return the leased property. In this case, the duty to deliver the above building and the duty to return the balance of the security deposit, which was deducted from the above obligation, are in a simultaneous performance relationship as acknowledged by the Defendants’ defense or the Plaintiff.
Therefore, Defendant B is obliged to deliver the said building to the Plaintiff at the same time with the remainder after deducting the amount calculated by the rate of KRW 900,000 per month from October 14, 2015 to the completion date of delivery of the said building.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.