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1. Of the instant lawsuits, the part demanding KRW 1,264,00 shall be dismissed.
2. The defendant is subject to 4,692,465 won to the plaintiff.
Reasons
1. 인정사실 [인정근거] 다툼 없는 사실, 갑 1∽3호증, 을 1호증의 각 기재, 변론 전체의 취지 ① 원고는 2016. 2. 24. 피고를 상대로 별지 목록 기재 부동산(이하 ‘이 사건 아파트’)의 인도 등을 구하는 소송(수원지방법원 안양지원 2016가단2787)을 제기하였다.
② The Defendant asserted that, around June 2012, the Plaintiff entered into a lease agreement with the Plaintiff regarding the instant apartment at KRW 85 million, and that, in lieu of the payment of the lease deposit to the Plaintiff by the Defendant on behalf of the former lessee, the Plaintiff was obligated to order the Plaintiff to order the instant apartment at the same time with the repayment of KRW 85 million from the said lease deposit.
③ On March 22, 2017, the above court rejected the Defendant’s simultaneous performance defense, and 1. The Defendant delivered the instant apartment to the Plaintiff, and paid the money calculated by the ratio of KRW 450,000 per month from September 21, 2015 to the completion date of delivery of the instant apartment.
(b)
3. Paragraph 1 can be provisionally executed.
"The plaintiff won the case."
On April 5, 2017, the Defendant filed an appeal (U.S. District Court 2017Na6525) against the above judgment, and filed an application for the suspension of compulsory execution with the Suwon District Court 2017Kadan35 on April 5, 2017. On April 12, 2017, the Defendant received a decision of acceptance from the said court (cash security 11 million won), and the said decision was served by service by public notice to the Plaintiff.
① On May 30, 2017, the Plaintiff sold the instant apartment to C with KRW 185 million, and was paid the remainder KRW 155 million on June 30, 2017.
② On August 11, 2017, C filed a complaint against the Defendant and D under the same suspicion as shown in attached Table 2, and the police who investigated the above accusation case was sent to the prosecution by non-prosecution.
(1) The defendant shall be the same as the first instance court in the appellate trial.