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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 230,000,000 to the plaintiff.
Reasons
1. Facts of recognition;
A. On August 24, 2015, the Plaintiff entered into a lease agreement with Nonparty C with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as KRW 230,000,00, and the term of lease from November 17, 2015 to November 16, 2017. At the time, the Defendant, who entered into a contract with Party C, agreed to succeed to the said lease agreement, and entered into the same lease agreement (hereinafter “instant lease agreement”) with the Plaintiff as to the instant real estate on the same day, and the Plaintiff occupied the instant real estate on November 17, 2015 by being transferred to the present day.
B. When the Plaintiff becomes aware that an auction (U.S. District Court D) with respect to the instant real estate was in progress, on September 7, 2017, he/she reported the right as a lessee and demanded the distribution as a lessee at the above auction procedure, and notified the Defendant on November 28, 2017 that the instant lease contract, which was implicitly renewed, was terminated, and the following notice was served on the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including each number, if any), the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was explicitly renewed after the termination of the period on November 16, 2017, and it was concluded that on November 28, 2017, the termination of February 28, 2018 when three months have passed since the Plaintiff, a lessee, notified the Defendant of the termination of the instant lease agreement. Barring any special circumstance, the Defendant is obliged to pay the Plaintiff KRW 230,000,000, deposit for lease deposit at the same time as the Plaintiff received the instant real estate from the Plaintiff.
3. The plaintiff's claim for conclusion is reasonable and acceptable. However, it is so decided as per Disposition by the assent of all participating Justices on the bench to bear part of the costs of lawsuit in consideration of the progress of lawsuit in this case.