(영문) 부산지방법원 2015.01.30 2014가단58869

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(영문) 부산지방법원 2015.01.30 2014가단58869

청구이의

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1. The defendant's decision on Busan District Court case 2012Kadan97617 (Main Office), 2012Kadan97624 (Counterclaim) is based on the judgment of the court below.

Reasons

1. Basic facts

A. The Defendant sought the return of the lease deposit against the Plaintiff as the principal lawsuit, and the Plaintiff filed a counterclaim against the Defendant for delivery of the leased object and compensation for damages, etc. on November 7, 2013 in this Court Decision 2012Da97617 (Main Claim) and 2012Gadan97624 (Counterclaim) (Counterclaim). The Plaintiff paid KRW 5,00,000 to the Defendant. The Defendant delivered to the Plaintiff part of 33 square meters of the building with the asbestos slate roof structure in Seo-gu Busan, Busan (hereinafter “the instant store”) from January 23, 2013 to 30,000,000 among those buildings with the 50,000,000 won and 300,000,000 won were to be paid at the annual rate from January 25, 2013 to November 13, 2013 to each of the above decisions with each of the following (hereinafter “the instant decision”).

B. According to the instant judgment, the Defendant applied for a compulsory auction of real estate to this court D with respect to the real estate owned by the Plaintiff and started the auction procedure on July 10, 2014.

[Ground of recognition] Unsatisfy, Gap1-1 and 3-1, the purport of the whole pleadings

2. The plaintiff's assertion priority, and the defendant's duty to deliver the store of this case to the plaintiff upon the termination of the lease contract for the store of this case between the plaintiff and the defendant should be fulfilled in preference to the plaintiff's duty to return the lease deposit amount of five million won to the defendant. Since the defendant's duty to deliver is not fulfilled, the above compulsory execution should be denied.

In addition, the Defendant’s damages liability of KRW 500,00 and damages for delay against the Plaintiff recognized in the instant judgment should be deducted or offset from the Defendant’s claims for compulsory execution. As such, the above compulsory execution should be denied to the extent that it exceeds KRW 4,408,762 (=5,00,000 - 591,328).

3. Determination

A. The defendant's duty to deliver the store of this case to the plaintiff is against the defendant.

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