(영문) 서울중앙지방법원 2016.10.21 2016가합547737

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(영문) 서울중앙지방법원 2016.10.21 2016가합547737

건물인도

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1. The Defendant (Counterclaim Plaintiff) receives KRW 780,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On July 30, 2011, E leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) with the lease deposit KRW 780,00,000, and the lease period from September 30, 201 to September 29, 2013.

(hereinafter “instant lease agreement”). B.

The defendant paid 780,00,000 won for lease deposit to E, and from September 30, 201, the defendant is residing in the real estate of this case to September 30, 2011.

C. E died on October 25, 2013, and the spouse and children of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) jointly succeeded to the property.

The share of the plaintiffs is 3/7 of the plaintiff A who is the spouse, 2/7 of the plaintiff B and C, respectively.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. The instant lease agreement has been renewed until now, and the Plaintiffs submitted the instant counterclaim to the effect that the Defendant consented to the termination of the instant lease agreement by delivering a duplicate of the complaint of this case.

Accordingly, the instant lease contract was agreed upon.

The lessee's obligation to return the leased object and the lessor's obligation to return the lease deposit upon termination of the lease contract are simultaneously performed.

Therefore, the defendant is obligated to deliver the instant real estate to the plaintiffs at the same time with the payment of the lease deposit of KRW 780,000,000 from the plaintiffs.

3. Determination on the cause of the counterclaim

A. Inasmuch as the instant lease agreement is concluded prior to the determination on the claim for return of deposit for lease, the Plaintiffs are jointly obligated to pay KRW 780,000,000 to the Defendant, along with the delivery of the instant real estate from the Defendant.

B. The instant lease contract prior to determining the claim for return of the long-term repair appropriations.

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