(영문) 서울중앙지방법원 2017.11.23 2017가단5099493

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(영문) 서울중앙지방법원 2017.11.23 2017가단5099493

건물명도(인도)

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1. The defendant is against the plaintiffs:

A. Upon receiving KRW 150,000,000 from the plaintiffs, the attached list shall be stated.

Reasons

1. On May 2006, the plaintiffs continued to renew a lease agreement with the defendant on the real estate surface (hereinafter "the store in this case") of the attached Form No. 1, 2, 3, 4, 94.12 square meters in part (A) connected with each point in the order of priority (hereinafter "the store in this case"), and on May 22, 2014, the terms of the contract between the defendant and the defendant from May 1, 2014 to April 30, 2017, the terms of the contract were 150,000, 640,000 won in the monthly management expenses (excluding value-added tax), 370,000 won in the attached Form No. 370,000 in the monthly management expenses (hereinafter "the renewed lease contract in this case"), and there was no dispute between the defendant and the defendant to request the defendant to restore the store to its original state by 00,000 won in March 10, 2017.

According to the above facts, the instant lease contract terminated after the expiration of the period of validity, barring special circumstances, the Defendant is obligated to deliver the instant store to the Plaintiff, and return the rent and the amount of unjust enrichment equivalent to the management fee from September 1, 2017 to the date of delivery sought by the Plaintiff.

2. The defendant's defense of simultaneous performance that the plaintiff cannot respond to the plaintiff's claim from the plaintiffs until the time the deposit is refunded. Thus, the defendant paid 150 million won to the plaintiffs as the deposit for lease is not in dispute between the parties. Thus, the plaintiffs are obligated to return the above deposit to the defendant. Since the plaintiffs' obligation to return the above deposit and the defendant's obligation to deliver the above deposit are in simultaneous performance relationship, the defendant's defense is justified.

3. If so, the defendant shall pay the plaintiffs the above deposit 15 million won from the plaintiffs.

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