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(영문) 부산지방법원 동부지원 2021.02.16 2020가단4364
건물인도
Text

The defendant shall receive KRW 18,00,000 from the plaintiff, and at the same time, shall acquire real estate listed in the attached Table from the plaintiff.

Reasons

On October 18, 2012, the Plaintiff leased the instant real estate to the Defendant with a deposit of KRW 18,00,000,000 for the lease deposit of KRW 12 months, and the period of 12 months (hereinafter “the instant lease”). The Defendant received the instant lease deposit from the Plaintiff at that time, and the instant lease contract was implicitly renewed. On May 29, 2019, the Plaintiff sent the instant lease contract to the Defendant with a content-certified mail to the effect that the Plaintiff did not intend to renew the instant lease. It is recognized in full view of the purport of the entire pleadings as follows: (a) there is no dispute between the parties, or that the Plaintiff sent the instant lease contract to the Defendant on May 29, 2019.

Therefore, the instant lease contract was terminated upon the expiration of the term.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff, except in special circumstances.

As to the Defendant’s assertion, the Defendant first asserted to the effect that “the Plaintiff succeeded to the status of the lessor under the lease contract of this case as the Plaintiff sells the instant real estate to a third party, and the Defendant occupied the instant real estate with the consent of the third party, and thus, cannot respond to the Plaintiff’s claim.” However, this part of the Defendant’s assertion is without merit, since there

Next, the Defendant’s simultaneous defense to the effect that “it is impossible to respond to the Plaintiff’s claim until the Plaintiff received the deposit for lease from the Plaintiff.”

As seen earlier, the Defendant paid KRW 18,00,000 to the Plaintiff as the deposit for lease. The instant lease contract was terminated upon the expiration of the term, and the obligation to deliver the leased object and the obligation to return the deposit when the lease contract is terminated is in the simultaneous performance relationship. As such, the Defendant is obliged to deliver the instant real estate to the Plaintiff simultaneously with receiving KRW 18,00,000 from the Plaintiff.

The defendant's defense is justified.

The conclusion is.

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