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(영문) 서울서부지방법원 2020.12.10 2020가합38808
보증금반환
Text

The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 230,000,000 won shall be applied to the plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. According to the facts stated in Gap evidence No. 1 and the purport of the whole pleadings, the original defendant entered into a lease contract with the defendant and the lessee from September 30, 2018 to September 29, 2020 with the lease deposit amount of KRW 230,00,000, and the lease term of KRW 230,000 with respect to the real estate listed in the separate sheet (hereinafter "real estate of this case") on August 21, 2018 (hereinafter "the lease contract of this case"), and each of the facts that the plaintiff paid KRW 230,000,000 to the defendant. Since the lease contract of this case expired on September 29, 2020, the defendant is obligated to return the lease deposit amount of KRW 230,000 to the plaintiff, barring special circumstances.

B. Meanwhile, the Defendant’s duty to return the lease deposit and the Plaintiff’s duty to deliver the instant real estate, which are the leased object, are concurrently performed. While the Plaintiff did not deliver the instant real estate to the Defendant, the Plaintiff sought to return KRW 230,000,000 to the Plaintiff at the same time as the Plaintiff received the instant real estate from the Plaintiff. Therefore, the Defendant is obliged to pay KRW 230,000,000 to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

2. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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