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(영문) 광주지방법원 2015.06.11 2014가단60502
건물명도 등
Text

1.(a)

Defendant B shall deliver to Defendant A the real estate listed in the attached list to Defendant B.

B. The defendant corporation.

Reasons

1. On June 28, 2013, Defendant A Co., Ltd. (hereinafter “Defendant Company”) leased the lease deposit amount of KRW 54,000,000,000, monthly rent of KRW 330,000, and the lease term of KRW 330,00 from August 1, 2013 to July 31, 2014; Defendant B transferred the above lease deposit amount of KRW 46,69,140, and notified the Plaintiff of the said transfer on July 23, 2013 to the Defendant Company. According to the above recognition, Defendant B is liable to deliver the order to the Plaintiff and pay the lease deposit amount.

2. The defendant company's defense has a defense that the duty to deliver the apartment of this case and the obligation to pay the balance after deducting the overdue rent from the overdue rent from the lease deposit is concurrent performance relationship. Thus, the obligation to return the lease deposit and the obligation to deliver the leased object are concurrent performance relationship. Since the lease deposit guarantees all the lessee's obligations arising in relation to the lease until the lease is delivered according to the termination of the lease contract, the right to request the return of the remainder after deducting the amount. In full view of the entries in the evidence Nos. 1 and 2, as of December 23, 2014, as of December 23, 2014, the defendant company bears a duty to pay the unpaid overdue rent of 150,160 won, unpaid rent of 5,603,080 won, its overdue rent of 525,510 won, unpaid management fee of 1,491, 700 won, 70,7300 won, 301, 3051, 406.7.7.1.6 won,

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