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(영문) 춘천지방법원강릉지원 2016.06.28 2016가단1515
임대차보증금
Text

1. The defendant shall have the first floor among the two-storys of reinforced concrete roof built of reinforced concrete structure on each ground of Gangseo-si C and D from the plaintiff.

Reasons

Around August 26, 2013, the Plaintiff leased the real estate indicated in the order from the Defendant as of September 16, 2015 by setting the deposit amount of KRW 60,000,000 and the period until September 16, 2015. The fact that the Plaintiff remitted the deposit amount of KRW 60,000 to the Defendant over August 27, 2013 and September 21, 2013 is without dispute between the parties, and the fact that the said lease was terminated upon the expiration of the period is apparent in fact, and thus, the Defendant is obligated to return the said deposit to the Plaintiff

Accordingly, the defendant asserted that the plaintiff cannot respond to the plaintiff's claim before the delivery of the above real estate from the plaintiff, and thus, the defendant's obligation to deliver the real estate at the time of the termination of the lease contract and the obligation to return the deposit are in the simultaneous performance relationship.

As the plaintiff does not deliver the above real estate to the defendant, the defendant is obligated to return the above real estate to the plaintiff simultaneously with the delivery of the above real estate from the plaintiff.

Therefore, the plaintiff's claim is partially accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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