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(영문) 수원지방법원 2015.10.07 2015나8138
임대차보증금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall provide real estate listed in the attached list from the plaintiff.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except that the real estate listed in the attached Form No. 2, No. 10, and No. 11 of the judgment of the court of first instance (hereinafter referred to as “the object of lease”) is the object of lease of this case as “the object of lease of this case.”

2. Determination

A. According to the facts of the determination on the cause of the claim, the Defendant, who was a co-owner of the leased object of this case, may be deemed to have expressed his/her intention to accept the conclusion of the instant lease agreement by using a licensed real estate agent C as a person with the intention to exercise the right. On January 8, 2013, the Defendant succeeded to the status of all the remaining co-owners by taking over the shares of co

In addition, the fact that a duplicate of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement is apparent in the record that it was served on the Defendant on May 27, 2014, and barring any special circumstance, the Defendant is obligated to return KRW 60,000,000 to the Plaintiff, barring any special circumstance.

B. The defendant's simultaneous performance defense against the defendant's simultaneous performance defense that the plaintiff cannot respond to the plaintiff's claim until the object of the lease of this case is delivered from the plaintiff at the trial. Thus, the fact that the lease of this case was terminated after the termination of the lease of this case is as seen earlier, and according to the whole purport of the pleading, the plaintiff can be acknowledged that the lease of this case belongs to the possession of the object of the lease of this case. Thus, the plaintiff has the duty to deliver the object of the lease of this case to the defendant, and the obligation to return the lease deposit of

The defendant's defense is justified.

C. Accordingly, according to the theory of lawsuit, the Defendant shall pay KRW 60,000,000 to the Plaintiff at the same time with the delivery of the leased object of this case from the Plaintiff.

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