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1. Of the counterclaim of this case, the part concerning the claim for damages concerning the disbursement of expenses for delivery and execution of real estate shall be dismissed.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On November 25, 2009, the Defendant: (a) on November 25, 2009, leased a deposit deposit of KRW 52,500,000; and (b) from November 25, 2009 to November 24, 201, a deposit of KRW 52,50,000 among the 1st underground and 6th ground D market buildings located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant store”).
(hereinafter “instant lease agreement”). The Plaintiff paid the above security deposit to the Defendant and used the instant store in delivery.
B. In the special terms and conditions of the above lease agreement, the term “management expenses shall be borne by the lessee and shall be paid to the management office on the due date,” and on November 25, 2009, the Plaintiff prepared and issued a written confirmation to the Director of the Management Office F that “the management expenses for E shall be fully treated by December 31, 2009, and the management expenses imposed by the management office from January 2010 shall be fully paid.”
C. The Plaintiff’s creditor G received a claim attachment and collection order as to KRW 11,568,520, out of the Plaintiff’s claim for the refund of the instant store deposit against the Defendant, as Seoul Western District Court Decision 2012 tea82, July 24, 2012, based on the original copy of the payment order issued by the Seoul Western District Court Decision 2012 tea 8082, and the said order was served on the Defendant on August 17, 2012.
The Defendant against the Plaintiff as management expenses and the above management expenses from the deposit money for the store of this case under Seoul Eastern District Court 2013Kadan61023
C. A lawsuit was filed to deliver the instant store at the same time with the refund of the remainder of the lease deposit after deducting the specified amount seized.
The above court rejected the defendant's assertion that management expense deduction was made, and recognized that the lease contract of this case was terminated on November 25, 2013, and the plaintiff from the defendant 52,500,000 won of the store deposit of this case.
C. The judgment ordering the Defendant to deliver the instant store at the same time with the remainder of KRW 40,931,480, which deducted the amount of KRW 11,568,520 (hereinafter “previous judgment”).