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1. The defendant is simultaneously with the delivery of the plaintiff Nos. 2301, 873, 2301, Dong Sung-si, Gyeonggi-do.
Reasons
1. Determination as to the cause of claim
A. Basic facts 1) On August 24, 2015, the Plaintiff entered into a contract with the Defendant to lease (hereinafter “instant contract”) with the lease deposit amount of KRW 265,00,000,00 from the Defendant for the lease deposit of KRW 2301, the 2301, the 2333rd and 2301, the 265,000,000, and the term of lease from October 23, 2015 to October 22, 2017, and the said real estate “the instant real estate” is referred to as “the instant real estate.
2) On August 24, 2015, the Plaintiff respectively paid the Defendant the remainder of KRW 245,000,000 among the lease deposit, and KRW 245,00,000 among the remainder of October 23, 2015, and was handed over by the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings
B. According to the above facts of recognition, the instant contract was terminated on October 22, 2017, and thus, the Defendant is obligated to pay KRW 265,000,000 to the Plaintiff, barring any special circumstance.
2. The defendant's defense is proved to be in the simultaneous performance relationship between the defendant's obligation to return the lease deposit to the plaintiff and the plaintiff's obligation to return the real estate of this case to the defendant, so this part of the defendant's defense is reasonable since the duty to return the lease deposit to the lessor at the time of termination of the lease contract and the duty to return the leased real estate to the lessee at the
Therefore, the Defendant is obliged to pay KRW 265,00,000 to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.
3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.