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1. The defendant
(a) deliver the third floor of 176.02 square meters among the buildings listed in the attached list;
B. From November 5, 2014, the foregoing.
Reasons
According to the evidence No. 1-2 and evidence No. 1-2 and No. 2 through No. 6, the Plaintiff leased the fourth floor from February 20, 2013 to the Defendant as of November 4, 2014 (hereinafter “the first contract”), and the Plaintiff and the instant clan from February 20, 2013 to the end of November 20, 2014, with the lease deposit of KRW 50,000,000 (excluding value-added tax), and the lease deposit of KRW 3,50,000 (including value-added tax), and the lease of KRW 660,00 (including value-added tax) and the lease of the instant clan from January 20, 2014 to the end of the lease contract of this case (hereinafter “the instant building”). The Plaintiff and the instant clan from January 20, 2014 to the end of the lease contract of this case may be changed to the remainder of 176,200 square meters (hereinafter “the instant lease”).
According to the above facts, as long as the plaintiff did not receive a refund of the deposit for the lease from the clan of this case, the second contract of this case has not yet been terminated. Thus, barring any special circumstance, the defendant is obligated to deliver the object of the lease of this case to the plaintiff who has a legitimate possessory right of the object of the lease
The defendant can not respond to the plaintiff's claim because he currently occupies the leased object of this case together with DNA Co., Ltd., and it cannot return the leased object of this case until it is paid due to the existence of a sales agency fee to be paid by B, a de facto representative of the plaintiff.