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(영문) 수원지방법원 2015.05.14 2015가단3200
임대차보증금반환
Text

1. The defendant shall deliver real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time at KRW 30,000,000.

Reasons

1. Facts of recognition;

A. On October 7, 2013, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the lease deposit amounting to KRW 30 million, and the term from the delivery date of the lease term to November 11, 2015 (hereinafter “instant lease agreement”).

B. The Plaintiff paid KRW 30 million to the Defendant under the instant lease agreement, and occupied and used the instant real estate on November 12, 2013.

C. On December 26, 2014, during the term of the said lease agreement, the procedure for the auction of real estate was initiated with Suwon District Court C with respect to the instant real estate, and the Plaintiff filed a report on the right to demand distribution of the lease deposit and an application for demand for distribution on January 13, 2015.

As of the date of the closing of the instant case, the Plaintiff occupied, used, and profit from the instant real estate, and the Plaintiff paid it to the Defendant by December 12, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated upon the termination of the lease agreement according to the Plaintiff’s demand for distribution on January 13, 2015, and thus, barring any special circumstance, the Defendant is obliged to pay KRW 30 million as well as the lease deposit under the said lease agreement, upon the Plaintiff’s request, at the same time as the delivery of the instant real estate from the Plaintiff.

However, the Plaintiff claimed for the payment of damages for delay from the day following the delivery of the complaint to the day of full payment, but the Plaintiff is in a simultaneous performance relationship with the obligation to refund the lease deposit and the obligation to deliver the leased object, unless there is any assertion as to the fact that the Plaintiff delivered the instant real estate, which is the leased object, to the Defendant, this part of the claim is without merit.

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