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1. At the same time, the defendant receives KRW 40,000,000 from the plaintiffs, and at the same time, the building stated in the attached list to the plaintiffs.
Reasons
1. Determination as to the plaintiffs' claims
A. On September 21, 2009, the Plaintiffs entered into a commercial building lease agreement with the Defendant by setting the deposit amount of KRW 40 million with respect to the portion of KRW 51.405 square meters on the part (a) inside the ship (hereinafter “instant building”) connected each point of KRW 1,2,3,4, and 1 among the first floor of the building listed in the separate sheet jointly owned by the Plaintiffs, which is jointly owned by the Defendant, from October 15, 2009 to October 14, 201.
(hereinafter “instant lease agreement”). The Defendant leased and operated the instant building section as above.
B) On October 15, 201, the Plaintiffs, upon renewal of the instant lease agreement with the Defendant, set the lease period as KRW 2.1 million from October 15, 201 to October 14, 2013. Moreover, on October 15, 2013, the Plaintiffs expressed to the Defendant that the instant lease agreement will not be renewed any more by means of a document verifying the terms and conditions of the said agreement with the Defendant. (C) On October 15, 2015, the Plaintiffs expressed to the effect that the instant lease agreement will not be renewed any more on June 17, 2015.
[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 3, Gap evidence Nos. 2-1 and 2-2, and the purport of the whole pleadings, barring any special circumstance, the lease contract of this case was terminated on October 14, 2015, and the plaintiffs are in the simultaneous performance relationship with the defendant's obligation to deliver the building of this case to the plaintiffs and the duty to return the above lease deposit amount of KRW 40 million to the defendant. Thus, the defendant is obligated to deliver the building of this case to the plaintiffs at the same time with the payment of KRW 40 million from the plaintiffs. (2) The defendant's defense against the defendant is the defendant's defense and its judgment 1).