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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. On April 28, 2016, the real estate stated in the separate sheet shall be handed over, and
Reasons
1. Facts recognized;
A. A. Around 1994, the Plaintiff leased the real estate attached to the Plaintiff’s ownership (hereinafter “instant real estate”) to the Defendant, and thereafter the said lease agreement has been renewed several times. On August 19, 2005, the Plaintiff and the Defendant increased the lease deposit to KRW 100 million per month and the rent to KRW 600,000 per month, and on August 31, 2010, the lease deposit was increased to KRW 200,000.
B. On December 21, 2015, the Plaintiff agreed to sell the instant real estate to C and deliver the instant real estate on April 28, 2016.
C. On December 21, 2015, the Defendant agreed to deliver the instant real estate to the Plaintiff by April 28, 2016.
On December 22, 2015, the Plaintiff returned the deposit amount of KRW 200 million to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, entry of evidence Nos. 9 through 13, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. As the Defendant did not possess the instant real estate, the instant lawsuit seeking the delivery, etc. of the instant real estate against the Defendant is an unlawful lawsuit against the Defendant against a non-qualified person.
However, in a lawsuit for performance, a person asserted as the performance obligor by the plaintiff has the standing to be the defendant, so the defendant's defense is without merit.
(B) As above, the Defendant, who is in the status of lessee, bears the duty to deliver the leased object when the lease contract expires, regardless of whether or not he directly occupies the instant real estate).
According to the facts of determination as to the cause of claim, the Plaintiff and the Defendant terminated the instant lease agreement as of April 28, 2016, and the Defendant agreed to deliver the instant real estate to the Plaintiff on April 28, 2016.
Therefore, the Defendant, barring special circumstances, has the duty to deliver the instant real estate to the Plaintiff, a lessor, on April 28, 2016.