(영문) 수원지방법원성남지원 2019.10.18 2019가단208747

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(영문) 수원지방법원성남지원 2019.10.18 2019가단208747

건물명도(인도)

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1. At the same time, the Defendant received KRW 32,530,000 from the Plaintiffs, and at the same time, acquired real estate in the attached list to the Plaintiffs.

Reasons

1. Facts of recognition;

A. On December 19, 2017, the Plaintiffs entered into a lease agreement with the Defendant, setting the lease amount of KRW 50 million on the real estate listed in the separate sheet (hereinafter “instant real estate”) in which the Plaintiffs shared each of the 1/2 shares to the Defendant, as KRW 50 million, and the lease period until January 30, 2020, and KRW 1.7 million on the monthly rent.

B. The Defendant did not pay to the Plaintiffs the monthly rent after September 2018, and the Plaintiffs notified the Defendant of the termination of the said lease agreement on April 9, 2019.

The above notification was served on the defendant on the 10th of the same month.

C. On July 10, 2019, the lease deposit remaining after deducting the Plaintiffs’ claim related to the above lease agreement against the Defendant is KRW 32,530,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the above recognition, the above lease agreement is deemed to have been terminated on April 10, 2019, and accordingly, the Defendant is obligated to deliver the instant real estate to the Plaintiffs.

In this regard, the defendant raises a defense of simultaneous performance with the obligation to pay the deposit, and the obligation to deliver the real estate and the obligation to return the deposit simultaneously upon termination of the lease contract, and there is no dispute over the fact that the plaintiffs did not pay the deposit amount of KRW 32,530,000 to the defendant. Therefore, the defendant'

Ultimately, the defendant is obligated to deliver the real estate of this case to the plaintiffs at the same time as receiving KRW 32,530,000 from the plaintiffs.

3. Conclusion, the claim of this case shall be accepted within the scope of the above recognition, and the remainder shall be dismissed as it is without merit. It is so decided as per Disposition.

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