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1. The defendant shall receive KRW 44,020,00 from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.
Reasons
1. Basic facts
A. On December 2, 2006, B Co., Ltd. entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 31 million and the lease period from May 28, 2007 to May 27, 2008 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).
B A Co., Ltd and the Defendant changed the lease deposit amount to 44,020,000 won and the term of lease until July 30, 2015.
B. The Defendant paid the lease deposit to B Co., Ltd. in full, and received the instant apartment.
C. Since then, the apartment building of this case was transferred in sequence to the Dao Development Co., Ltd., Seongdong Housing Co., Ltd and the Plaintiff, and the Plaintiff succeeded to the lessor’s status under the above lease agreement.
The plaintiff notified the defendant that the above lease was not renewed through the service of the duplicate of the complaint of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the above facts of recognition, the above lease contract terminated by the expiration of the lease term and the plaintiff's refusal to renew the contract, barring special circumstances, the defendant is obligated to deliver the apartment of this case to the plaintiff.
The defendant asserts that the plaintiff cannot respond to the plaintiff's claim before the refund of the lease deposit.
Although the Defendant wants to sell the apartment of this case through a document submitted after the closing of argument in this case, it is a matter to be resolved through a separate procedure for selling the apartment of this case.
If a lease contract is terminated, the lessee’s obligation to return the leased object is related to the lessor’s obligation to return the lease deposit simultaneously with the lessor’s obligation to return the leased object, and the Defendant paid KRW 44 million to B Co., Ltd. with the lease deposit. Accordingly, the Defendant is paid KRW 44 million from the Plaintiff and at the same time the Defendant is to deliver the instant apartment to the Plaintiff.