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(영문) 서울북부지방법원 2015.01.14 2014가단43110
주택명도
Text

1. The defendant is paid KRW 190 million from the plaintiff, and at the same time, the real estate stated in the attached Table to the plaintiff.

Reasons

1. On May 8, 2012, the Plaintiff entered into a lease agreement with the Defendant on the instant apartment with a deposit of KRW 190 million for the period from June 19, 2012 to June 18, 2014 (hereinafter “instant lease agreement”). The Defendant paid the Plaintiff the said deposit to the Plaintiff at that time, and resides in the said apartment after being delivered the said apartment. On April 2014, the Plaintiff demanded the Defendant to deliver the said apartment after the expiration of the lease term. The Defendant was not in cooperation with the Defendant on the payment of part of the deposit, but the Defendant did not cooperate with the Plaintiff on the payment of part of the deposit, etc., and the Plaintiff did not enter into a new lease agreement. The period of the lease agreement between the parties to the instant apartment and the Defendant was terminated in full view of the purport of pleading as stated in the evidence No. 1, No. 2, and No. 1, No. 2, and No. 1, 2014.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff simultaneously with receiving KRW 190 million from the plaintiff, except in extenuating circumstances.

(A) The Plaintiff requested the delivery of the instant apartment without any condition, but the Defendant asserts the payment of the deposit as seen below. As such, the Defendant’s assertion regarding the Defendant’s assertion is accepted only within the extent recognized earlier as a defense of simultaneous performance. On February 2, 200, the Defendant failed to return the deposit upon the expiration of the lease term, and thus, could not enter into a new lease agreement with the Defendant. Accordingly, the instant lease agreement was renewed in accordance with the previous provisions pursuant to Article 6 of the Housing Lease Protection Act and becomes effective for two years from June 19, 2014, and thus, cannot comply with the Plaintiff’s claim.

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