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1. The Defendant’s delivery of real estate stated in the attached list from A at the same time with the Plaintiff KRW 115,00,000.
Reasons
1. The facts in the separate sheet of reasons for the recognition of the facts are recognized if there is no dispute between the parties or if the whole purport of the pleadings is added to the entries in Gap evidence 1 to 6.
2. Determination
A. According to the above facts of recognition, the Defendant is obliged to pay KRW 115,00,000 to the Plaintiff at the same time as the receipt of real estate in the attached Form (hereinafter “instant apartment”) from A, barring any special circumstance (the Plaintiff’s request for extradition against A was rendered separately on November 8, 2016).
B. As of July 12, 2016, the Defendant asserted that, as of July 12, 2016, A had a total of KRW 192,320, and KRW 219,340,00, including unpaid management expenses, KRW 27,020, and KRW 219,340,00, and at least KRW 132,530,00 each month of the delivery of the instant apartment by the time of the delivery of the apartment from A, there is an additional claim such as facility damage expenses and payment of various public charges, etc. that can be calculated only at the time of eviction, the Defendant shall deduct the Defendant’s all obligations related to the instant apartment, such as monthly rent and management expenses, etc., until the apartment of this case is delivered from A.
Therefore, according to the 15,00,000 won (1,00,000 won for the rental deposit for the apartment of this case, and the total amount of 15,00,000,00 won already paid to the plaintiff) that the defendant shall be deducted from the 115,00,000 won for the apartment of this case as of July 12, 2015, since it is recognized that there was a management fee, etc. in arrears as of July 12, 2015, as alleged by the defendant as of July 12, 2015, the above money should be deducted from the 115,00,000 won for the rental deposit for the apartment of this case, and the unpaid rent, management fee, etc. for the apartment of this case arising until the delivery of the apartment of this case to the defendant should be deducted from the above amount. Therefore, the defendant's defense is justified.
Therefore, the defendant shall not only receive the apartment of this case from A but also pay the lease deposit and the term payment to the plaintiff.