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(영문) 수원지방법원 2018.06.27 2018가합10732
임대차보증금
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 250,000,000 to the plaintiff.

Reasons

Basic Facts

On November 5, 2015, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant apartment”) from C with the lease deposit amount of KRW 250,00,000,000, and the lease term of KRW 23,000 from December 23, 2015 to December 22, 2017 (hereinafter “instant lease contract”), and paid KRW 25,000,000 among the above deposit amount on the same day to C, and paid KRW 225,00,000,000 each on December 23, 2015.

The Plaintiff was handed over the instant apartment from December 23, 2015, and resided in the instant apartment.

On January 22, 2016, the Defendant completed the registration of ownership transfer based on sale on September 21, 2015.

[Grounds for recognition] Fact-finding, Gap's evidence Nos. 1 through 3, 5, and Eul's evidence No. 1, and the ground for claim as to the whole of the pleadings, the above facts-finding on the ground of claim for judgment as to the purport of the whole pleadings, the lease contract of this case was terminated upon the expiration of the lease term, and the defendant succeeded to the status of the lessor under the lease contract of this case as the transferee of the apartment of this case, barring special circumstances, the defendant is obligated to return the lease deposit KRW 250,000 to

However, as seen later, as seen earlier, the Defendant’s obligation to return the lease deposit is related to the Plaintiff’s obligation to deliver the apartment of this case simultaneously, and it cannot be said that the Defendant’s obligation to return the lease deposit was omitted due to the delay of performance. Therefore, the part

The defendant's defense, etc. is liable to deliver the apartment of this case to the defendant, and the plaintiff is obligated to return the deposit money to the defendant and the plaintiff's apartment of this case, since he cannot respond to the plaintiff's claim until the apartment of this case is delivered to the plaintiff. Thus, the plaintiff is obligated to deliver the apartment of this case to the defendant. The plaintiff is obligated to return the deposit money to the defendant and the plaintiff's apartment of this case.

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