(영문) 부산지방법원서부지원 2020.08.20 2020가단104338

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(영문) 부산지방법원서부지원 2020.08.20 2020가단104338

임대차보증금

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1. The defendant shall deliver the real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 150,000,000 won shall be applied to the plaintiff.

Reasons

1. Basic facts

A. On February 21, 2018, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with respect to the real estate listed in the attached list owned by the Defendant (hereinafter referred to as “instant housing”), which is KRW 150 million, and the lease period from March 9, 2018 to March 8, 2020.

(b) under the following, the instant lease agreement:

On October 31, 2019, the Plaintiff expressed his/her intent not to renew the instant lease agreement to the Defendant, and notified the Defendant of the refusal of renewal even on February 25, 2020.

C. The Plaintiff applied for the registration order of the house of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 6 (including branch numbers, if any), the purport of the whole pleadings

2. Determination:

A. Since the contents of the Plaintiff’s assertion are terminated at the expiration of the term, the Defendant shall pay the Plaintiff the lease deposit amounting to KRW 150 million and the damages for delay.

B. 1) According to the above facts of recognition, the Defendant asserts to the effect that, barring any special circumstance, the lease contract of this case terminated at the expiration of the term, the Defendant shall pay KRW 150 million to the Plaintiff the lease deposit, barring any special circumstance. 2) As the Defendant occupied the instant house, it cannot be paid the lease deposit before it is returned.

On the other hand, when the lease contract is terminated, the obligation to deliver the object and the obligation to return the lease deposit are in the simultaneous performance relationship. Therefore, there is no evidence to prove that the plaintiff delivered the house of this case to the defendant, and the defendant's assertion seeking simultaneous performance is justified

C. The Defendant, at the same time, should pay the Plaintiff KRW 150 million deposit with the lease deposit.

3. The plaintiff's claim for the conclusion is accepted within the scope of the above recognition, and remainder.

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