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(영문) 인천지방법원 2020.08.26 2020가단232159
추심금
Text

1. The defendant shall deliver real estate stated in the attached list from C to the plaintiff at the same time. 41,418,403 won shall be applied to the plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. The Plaintiff partially dismissed claims the collection amount from the Defendant, who entered into a lease agreement with C on the real estate indicated in the separate sheet with C, with the title of execution, with the final and conclusive judgment against C, upon receipt of a seizure and collection order on the lease deposit claim.

However, in the event that a lease contract is terminated, the lessee’s duty to deliver the leased object and the lessor’s duty to return the lease deposit are in a simultaneous performance relationship, and the Plaintiff also claims the Defendant to pay the collection deposit within the scope of the lease deposit at the same time with the delivery of real estate stated in the separate sheet from C. Thus, unless there is any evidence to prove that C provided the obligation to deliver real estate as stated in the separate sheet in the simultaneous performance relationship, the Defendant’s duty to return the lease deposit is not included in the

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