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1. The defendant shall receive KRW 18,866,660 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. On May 30, 2015, the Defendant leased the real estate listed in the separate sheet from Nonparty C by the period of June 14, 2016, with the lease deposit of KRW 20 million, monthly rent of KRW 20,000,000, and the lease period of KRW 14,000.
B. On September 25, 2015, the Plaintiff purchased real estate listed in the separate sheet from the above C and completed the registration of ownership transfer.
C. Since then, the Defendant retired from the above real estate on March 20, 2016.
Deposit to be refunded to the defendant after deducting the monthly rent, water rate, etc. of the plaintiff is KRW 18,866,660.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination
A. The Plaintiff asserted against the Defendant the termination of the lease agreement on the grounds of the rent delay, and sought the delivery of the leased object. Accordingly, the Defendant asserts the termination of the lease agreement and is obliged to deliver the leased object to the Defendant at the same time as the return of the lease deposit and the simultaneous performance.
According to the allegations of the plaintiff and the defendant, the lease contract between the plaintiff and the defendant is terminated by termination, and the fact that the lease deposit that the plaintiff should return to the defendant is 18,866,660 is as mentioned above.
In addition, since the return of the leased object and the return of the lease deposit are related to the simultaneous performance, the defendant is obligated to deliver the real estate stated in the attached list to the plaintiff at the same time with the payment of KRW 18,866,660 from the plaintiff.
Next, the Plaintiff filed a claim against the Defendant for the payment of the amount calculated at the rate of KRW 200,000 per month from October 1, 2015 to the time of delivery of the leased object. As seen earlier, the Defendant left the leased object on March 20, 2016, and there is no dispute over the amount of the lease deposit to be returned to the Defendant by the Plaintiff. The amount is from the lease deposit to the Defendant from October 2015, 2016, when the Defendant left the leased object.