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(영문) 수원지방법원평택지원 2019.10.25 2019가단53332
임차보증금반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 140 million to the plaintiff.

Reasons

1. According to Gap evidence Nos. 1 to 13 and 5, on November 1, 2016, the plaintiff entered into a lease contract (hereinafter "the lease contract of this case") with the defendant with the term of 230 million won as to the real estate listed in the separate sheet owned by the defendant (hereinafter "the real estate of this case"), from November 22, 2016 to November 21, 2018. The plaintiff notified the defendant that he/she had no intention to renew the lease contract of this case on or before October 22, 2018. The plaintiff requested the defendant to return the lease deposit of 100,000 won by November 22, 2018. However, the defendant did not return the lease deposit of this case with the term of 200,000 won to the defendant on December 15, 2018.

2. The Plaintiff claimed that the remainder of the lease deposit should be paid by adding damages for delay to the Defendant’s simultaneous performance defense. Thus, the lessee’s duty to deliver the leased object and the lessor’s duty to return the lease deposit after the termination of the lease is in a simultaneous performance relationship unless there are special circumstances (see, e.g., Supreme Court Decision 98Da15545, Jul. 10, 198). According to the above recognition, the Plaintiff still holds the real estate in this case.

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