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Reasons
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(영문) 수원지방법원 2018.04.19 2017가합19602
임대차보증금
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1. The defendant is simultaneously with the delivery of the plaintiff Nos. 1503 of the D Apartment No. 951, 1503, the 15th floor of the Dr.

Reasons

1. Determination as to the cause of claim

A. Basic facts 1) On May 1, 2015, the Plaintiff entered into a contract with the Defendant to lease (hereinafter “instant contract”) with the lease deposit amount of KRW 260,00,000 and KRW 1503, 1503, Dong 151, Dong 15, Gyeonggi-do, for the lease term of KRW 260,00,00, and from June 5, 2015 to June 4, 2017 (hereinafter “instant real estate”). The said real estate is “instant real estate.”

2) On May 1, 2015, the Plaintiff paid the Defendant a down payment of KRW 26,000,000 among the lease deposit, and KRW 234,00,000,000, respectively, on June 5, 2015. The Plaintiff received the instant real estate from the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the facts found above, the instant contract was terminated on June 4, 2017, and thus, the Defendant is obligated to pay KRW 260,000 to the Plaintiff the lease deposit amount of KRW 260,000,00, and the Plaintiff is the Defendant’s duty to pay the lease deposit and the Plaintiff’s duty to deliver the instant real estate simultaneously.

Therefore, the Defendant is obliged to pay KRW 260,000,000 to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

2. The defendant's argument regarding the defendant's assertion is currently underway in the auction procedure for the real estate of this case, and the plaintiff can participate in the auction procedure and recover the whole amount of the lease deposit for the contract of this case in accordance with the auction procedure in the status of the person holding the first priority distribution in the above procedure, so the claim of this case should be dismissed. However, since there is no ground to accept

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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