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(영문) 대전지방법원서산지원 2020.06.16 2019가단5088
건물인도 등
Text

1. At the same time, the Defendant received KRW 10 million from the Plaintiffs, and at the same time, indicated the Plaintiffs’ real estate.

Reasons

1. Comprehensively taking into account the following facts: (a) the Defendant concluded a lease contract (hereinafter “instant lease contract”) with the term from August 22, 2017 to August 22, 2019, setting the deposit amount of KRW 65 million with respect to D and the instant housing, which was the owner of the instant housing, as at the time of August 22, 2017; (b) the Plaintiffs concluded the lease contract with the term from August 22, 2017 to August 22, 2019; and (c) the Defendant may not request the Defendant to renew the lease contract on May 28, 2019 with respect to each of the instant housing 1/2 shares due to exchange on May 21, 2019 for which the term of the instant lease contract expires; and (c) the Defendant may request the Defendant to return part of the deposit amount of KRW 300,000,000,000 for each of the instant lease contracts to the Defendant.

2. Determination

A. The defendant's claim for delivery argues to the effect that the defendant has not yet received the deposit amount of KRW 10 million under the instant lease agreement, and that the housing of this case is occupied by the parties. Since the conclusion of the instant lease agreement does not conflict between the parties, the defendant is obligated to deliver the housing of this case to the plaintiffs at the same time as receiving the deposit amount of KRW 10 million from the plaintiffs.

B. From June 2018 to August 2019, the Defendant’s claim for the payment of management expenses and 1050,000 won (=70,000 won x 15 months) based on the instant lease agreement and the management expenses and the amount equivalent to the rent in proportion to KRW 70,000 per month from November 22, 2019 to the completion date of delivery of the instant house is not a dispute.

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