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The defendant shall receive KRW 1,400,000 from the plaintiff, and at the same time, the building indicated in the attached real estate shall be the plaintiff.
Reasons
1. The following facts can be acknowledged in full view of the contents of evidence Nos. 1 to 7 of fact-finding.
1) On February 17, 2017, the Plaintiff leased the instant house to the Defendant with the term fixed from March 1, 2017 to February 29, 2018 (hereinafter “instant contract”).
(2) The Plaintiff concluded a contract of this case on May 1, 2020 while demanding the Defendant to pay the rent on several occasions, and as a sum of KRW 2.1 million was unpaid on May 1, 2020, the Plaintiff declared that the contract of this case is terminated by the delivery of the complaint of this case. The instant warden was served on the Defendant on May 19, 2020.
2. Determination on the request for extradition
A. According to the above facts of determination as to the cause of the claim, since the contract of this case was lawfully terminated around May 19, 2020 by the delivery of the complaint of this case, the defendant is obligated to deliver the house of this case to the plaintiff.
B. As to the Defendant’s assertion 1), the Defendant asserts that it cannot respond to the Plaintiff’s request for extradition until the deposit is returned from the Plaintiff. The Defendant’s obligation to deliver the instant house and the Plaintiff’s obligation to return the lease deposit is in a simultaneous performance relationship under the instant contract, and in a lease agreement, the lease deposit guarantees all the lessee’s obligation arising from the lease after the termination of the lease agreement to the delivery of the object to the lessor, and the amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, barring any special circumstance, when the object is returned after the termination of the lease agreement. Therefore, the lessor is obligated to return only the remainder after deducting the secured obligation from the lease deposit to the lessee (see, e.g., Supreme Court Decision 2005Da8323, 830, Sept. 28, 2005; and as of October 1, 2020, the lease deposit should be deducted from the lease deposit.