logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.09.20 2018가단4195
건물인도 등
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 10,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On July 14, 2015, the Plaintiff: (a) exempted the Defendant from the lease deposit of KRW 10,000,000; (b) exempted the Defendant from the lease deposit of the instant real estate until the end of 2015; (c) until the end of June 2016; and (d) leased the instant real estate at KRW 400,000 until the end of July 2017.

The Defendant paid KRW 40,000,000 to the Plaintiff as premium for the lease deposit, KRW 10,000,000, and goods.

B. As the Defendant was in arrears with the rent from January to March 2018, the Plaintiff notified the Defendant that the said lease was terminated on March 28, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings

2. The assertion, judgment and counterclaim shall be deemed to be combined.

A. The plaintiff asserts that since the above lease contract was terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff, and the defendant asserts that he will receive the lease deposit amount of KRW 10,000,000 and premium of KRW 40,000,000.

B. According to the facts acknowledged above, the instant lease contract was lawfully terminated.

C. The defendant does not have any grounds for claiming for premium to the plaintiff.

The plaintiff's obligation to return the deposit of 10,000,000 won and the defendant's obligation to deliver the real estate are concurrently performed.

3. As such, the above simultaneous performance relationship is acknowledged within the scope of the above grounds, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

arrow