(영문) 수원지방법원 2015.12.10 2015가단40421

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(영문) 수원지방법원 2015.12.10 2015가단40421

양수금

Text

1. Defendant A shall deliver to Defendant EP the real estate listed in the separate sheet to Defendant EP.

2. Defendant.

Reasons

1. Determination as to the claim against Defendant A

(a)be as shown in the attachment of the claim;

(b) Judgment by service based on which recognition is applicable (Article 208 (3) 3 of the Civil Procedure Act);

2. Each fact in the separate sheet of claim as to the claim against Defendant SP Corporation shall be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings in each statement in Gap 1 through 7.

Therefore, Defendant A delivered the instant real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant SP, and Defendant SP is obliged to deliver the instant real estate from Defendant A at the same time to the Plaintiff, the assignee of the right to return the lease deposit, from KRW 12,870,00 to the date of the completion of delivery of the said real estate, to pay the remainder of money obtained by deducting all the claims, such as overdue rent, etc., for Defendant SPP, from the lease agreement between the Defendants on the said real estate.

(1) The plaintiff's claim for the plaintiff's claim for the plaintiff's claim for the plaintiff's claim for the plaintiff's claim for the plaintiff's claim for the plaintiff's claim for the plaintiff's transfer of the real estate of this case (the plaintiff's claim for the transfer of the real estate of this case and the return of the lease deposit are related to the simultaneous performance of the duty to deliver the leased house of this case, and the defendant's claim for the return of the lease deposit is obligated to return the lease deposit of this case at the same time, and the plaintiff's claim for the transfer of the real estate of this case after the settlement of the overdue rent of this case occurred until then, shall be dismissed. However, since the plaintiff's claim for the return of the lease deposit is already reflected in all the above matters (the above claim for the transfer of the house

참조조문

-민사소송법 제208조 제3항 제3호

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