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(영문) 서울동부지방법원 2015.08.13 2014가단133215
건물명도
Text

1. The defendant's real estate stated in the separate sheet to SP (11171-007324, Gangnam-gu Seoul's prisoner of war).

Reasons

According to the evidence evidence Nos. 1 through 5, the Plaintiff leased KRW 25,00,00 to the Defendant on March 29, 2013, at interest rate of 4.5% per annum, interest rate of 18% per annum, maturity of 29 March 25, 2015 (hereinafter “instant lease”); the Defendant’s lease deposit amount of KRW 40,720,000, monthly rent of KRW 293,500, and the lease deposit amount of KRW 293,00 as of March 31, 2015 (hereinafter “lease”); and it is clear that the Defendant already transferred the lease deposit amount to the Defendant on March 27, 2013 to the Plaintiff at interest rate of KRW 4.5% per annum, KRW 18% per annum, and KRW 40,000, KRW 30,000, KRW 30,000, and KRW 30,000.

According to the above facts, the plaintiff can seek the fulfillment of the obligation to return the lease deposit of this case against SP, and the obligation of the defendant, the lessor of the lease of this case, and the obligation to deliver the lease deposit of SPP to SP, is in the simultaneous performance relationship. As such, the claims to return the lease deposit of this case are closely related to the claims to be compensated by the plaintiff and the right to request the delivery of SPPP works. If the plaintiff does not exercise the right to claim the delivery of SPP works on behalf of the plaintiff, the plaintiff would be unable to obtain the complete satisfaction of the claims to return the lease deposit due to the continuous deduction of the overdue difference. Therefore, the actual performance of the claims to return the lease deposit can be valid and secured only if he exercises the right to claim the delivery of SPPP works on behalf of SPPP.

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