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(영문) 수원지방법원성남지원 2020.02.14 2019가합408339

임대차보증금

Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 380 million to the plaintiff.

Reasons

On June 17, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Defendant to lease real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) from July 25, 2017 to July 25, 2019, with a deposit amount of KRW 380 million. Around that time, the Plaintiff paid the Defendant the deposit amount of KRW 380 million. As of the date of closing argument of the instant lease agreement, the fact that the said lease agreement has expired as of the date of closing argument of the instant case does not conflict between the parties, or that the said lease agreement has expired as of the date of closing argument of the instant case, can be recognized by comprehensively taking into account the overall purport of the pleadings as stated in the evidence Nos. 1 through 3, and No. 1.

On the other hand, the plaintiff recognized that the duty to return the lease deposit to the defendant and the duty to deliver the real estate of this case to the defendant are concurrently performed, while the plaintiff did not deliver the real estate of this case to the defendant until the date of the closing of argument.

Therefore, the Defendant is obliged to return the instant real estate from the Plaintiff on the ground of the termination of the said lease agreement at the same time to the Plaintiff KRW 380,000,000,000.

If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.