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(영문) 서울중앙지방법원 2015.10.28 2014가단218847
건물명도
Text

1. At the same time, the defendant shall receive KRW 100 million from the plaintiffs, and at the same time, the building 194.83m2 as stated in attached Table 1 to the plaintiffs.

Reasons

1. Basic facts

A. On March 9, 2009, the Plaintiffs leased the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”) to the Defendant by setting the lease deposit amount of KRW 100 million, KRW 1200,000 for monthly rent (excluding value-added tax), and the lease period of February 28, 2012.

B. The Plaintiffs and the Defendant agreed to change the lease period by February 28, 2014, the monthly rent of KRW 1.3 million (excluding value-added tax) and the lease period by March 1, 2011.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts, since the above lease contract was terminated upon the expiration of the term, the defendant is obligated to deliver the real estate of this case to the plaintiff, barring special circumstances.

B. As to this, the Defendant asserted that the instant real estate cannot be transferred until the lease deposit is returned, the Defendant’s obligation to deliver the instant real estate and the obligation of the Plaintiffs to return the lease deposit are in a simultaneous performance relationship under the principle of fairness. Therefore, the Defendant’s above assertion is with merit.

C. Therefore, the defendant is obligated to return the lease deposit of KRW 100 million from the plaintiffs and deliver the real estate of this case to the plaintiffs at the same time.

3. In conclusion, the plaintiffs' claims of this case are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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