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1. The defendant shall receive KRW 15.66 million from the plaintiff, and at the same time, shall state "the indication of real estate" attached to the plaintiff.
Reasons
1. Determination as to the claim
A. On January 27, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 16 million with respect to the portion on board (203) connected with each of the following points in sequence: (i) indication of drawings on the second floor (three households), (ii), (iii), (iv), (v), (i) indication of the attached Form No. 149.77 square meters; and (ii) payment of KRW 16 million to the Plaintiff as the lease deposit amount from February 25, 2012 to February 24, 2014; and (iii) the fact that the Defendant paid KRW 16 million to the Plaintiff does not conflict between the parties.
B. According to the above facts, since the lease contract of this case was terminated on February 24, 2014 at the expiration of the lease term, the defendant is obligated to deliver the building of this case to the plaintiff. 2) Accordingly, the defendant asserted that the plaintiff cannot respond to the plaintiff's claim before the return of 1,560,000 won (16 million won - 3,40,000 won) after deducting the unpaid water rate of 3,440,000 won from the lease deposit. Thus, in the event the lease contract is terminated, the obligation to deliver the leased object and the obligation to return the lease deposit are in the simultaneous performance relationship, so the above argument by the defendant is with merit.
3. If so, the defendant is obligated to deliver the building of this case to the plaintiff at the same time with the payment of the lease deposit of KRW 15.66 million from the plaintiff.
2. In conclusion, the claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.