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(영문) 부산지방법원동부지원 2020.10.13 2020가단1761
임차보증금반환
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 170,000,000 to the plaintiff.

Reasons

1. On January 3, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant apartment”) from the Defendant from the Defendant during the period from February 20, 2017 to February 20, 2019, with the lease deposit of KRW 170,000,000, and the lease term of KRW 170,000 from February 20, 2017 to February 20, the Plaintiff paid the Defendant the above KRW 170,000,000 to the Defendant and the delivery of the instant apartment is recognized in full view of the purport of the entire pleadings as stated in the evidence No. A.

Therefore, as the above lease contract has expired, the defendant is obligated to return 170,000,000 won to the plaintiff, barring special circumstances.

(1) As seen below, the Defendant’s obligation to return the lease deposit and the Plaintiff’s obligation to deliver the apartment of this case can not be deemed to have a situation where the Defendant’s obligation to return the lease deposit is in the simultaneous performance relationship, and thus, the Plaintiff’s claim for damages for delay cannot be accepted).

Upon the termination of the above lease agreement, the plaintiff is obligated to deliver the apartment of this case to the defendant, and the obligation of the defendant to return the lease deposit is related to the plaintiff's duty of delivery of the apartment of this case, and the plaintiff is residing in the apartment of this case, therefore the defendant'

3. Ultimately, the Defendant is obliged to return KRW 170,000,000 to the Plaintiff simultaneously with the delivery of the instant apartment from the Plaintiff.

4. If so, the plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.

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