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Reasons
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(영문) 서울서부지방법원 2014.06.26 2014가합30131
임대차보증금
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1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of a building indicated in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 16, 2009, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant building”) owned by the Defendants from the Defendants as of KRW 100 million, KRW 4.5 million, monthly rent (payment in advance on January 12), and from January 15, 2010 to January 14, 2012. The Plaintiff paid the Defendants the lease deposit amount of KRW 100 million, and thereafter occupied the instant building by delivery from the Defendants.

On March 30, 201, the Plaintiff and the Defendants entered into a new lease agreement with the term of lease changed from January 12, 201 to January 11, 201 (hereinafter “instant lease agreement”) to KRW 200,000,000 per month (payment after the 12th of each month), and the Plaintiff paid the Defendants the increased amount of KRW 100,000,000.

B. On October 201, the Plaintiff expressed to the Defendants the intent not to renew the instant lease agreement.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, 13, and 15, the purport of the whole pleadings and arguments

2. According to the facts of the judgment on the claim of the principal lawsuit, the instant lease agreement was terminated on January 11, 2012, and barring any special circumstance, the Defendants, co-owners of the instant building, are obligated to return the lease deposit amount of KRW 200 million to each Plaintiff, barring any special circumstance.

The Defendants have the defense of simultaneous performance that the lease deposit cannot be returned from the Plaintiff until the delivery of the instant building. As such, the Plaintiff had the obligation to deliver the instant building to the Defendants, and the obligation to return the lease deposit to the Defendants is the Plaintiff’s duty to deliver the instant building.

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