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(영문) 서울북부지방법원 2015.09.18 2015가단2567
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) has delivered to the Plaintiff (Counterclaim Defendant) an apartment entered in the attached list.

2...

Reasons

1. On March 18, 2013, the Plaintiff leased the apartment as indicated in the attached list (hereinafter “instant apartment”) to the Defendant by setting the lease deposit up to January 12, 2015. Accordingly, the Defendant paid the above lease deposit to the Plaintiff, and decided to terminate the above lease contract due to the Defendant’s reason on August 4, 2014, and agreed to deliver the instant apartment to the Plaintiff by September 5, 2014. The Defendant received a refund in advance from the Plaintiff during the termination of the lease contract until August 2014, and the Defendant paid the Plaintiff an honorarium 60,000 won and the brokerage fee for the termination of the contract, and there is no obligation to pay the Defendant any burden on the Defendant to the Plaintiff for the nonperformance of the contract, and according to the overall circumstance, the Defendant is unable to legally conclude the lease contract by adding up all the parties’ arguments to the Plaintiff, and thus, the Defendant shall be deemed to have no dispute over the conclusion of the lease contract at latest between the Plaintiff and the Plaintiff.

2. The Defendant’s assertion and the counterclaim asserted by the Defendant asserted that the Plaintiff could not respond to the Plaintiff’s claim of this case before receiving the remainder of the lease deposit from the Plaintiff. In addition, the Defendant asserted simultaneous performance that the Plaintiff could not respond to the Plaintiff’s claim of this case before receiving the refund of the remainder of the lease deposit, and sought the refund of the remainder of the lease deposit with the delivery of the instant apartment as a counterclaim. The Plaintiff asserted that on August 4, 2015, the obligation to return the lease deposit to the Defendant was entirely extinguished by depositing the remainder of the lease deposit 49 million won.

Therefore, the defendant 6.0 out of the lease deposit from the plaintiff.

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