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(영문) 창원지방법원 2016.10.25 2016나54777
건물명도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The expansion from the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be acknowledged in accordance with the purport of each entry and the entire pleadings in Gap 4 and 6, unless there is a dispute between the parties or in accordance with the following facts:

On October 29, 2013, the Plaintiffs leased real estate listed in the separate sheet (hereinafter referred to as “instant building”) to the Defendant, with a deposit of KRW 50 million, KRW 1.5 million per month of rent, and the lease period from November 20, 2013 to November 19, 2015.

(hereinafter “instant lease agreement”). B.

The defendant paid deposit of KRW 50 million to the plaintiffs, and operated the depository by receiving delivery of the building of this case.

C. The Defendant did not pay the rent from December 20, 2013. From March 2015 to June 2015, the Plaintiffs did not pay a total of KRW 267,630 imposed on the instant building, and paid on behalf of the Plaintiffs.

2. According to the facts found in Paragraph 1, the instant lease agreement was terminated on November 19, 2015, and terminated upon termination of the contract on February 5, 2015, even if following the Defendant’s assertion, the Defendant is obligated to deliver the instant building to the Plaintiffs, barring special circumstances.

In this regard, the defendant's defense of simultaneous performance that the defendant cannot respond to the plaintiffs' requests for extradition until he receives a refund of 36,982,370 won in the balance of the deposit that the defendant seeks as a counterclaim from the plaintiffs.

As examined below in Paragraph 3, the plaintiffs are jointly and severally liable to return KRW 13,151,725, which remains after deducting KRW 36,848,275, such as overdue rent and electricity rent, from the deposit amount of KRW 50,000,00,000, and since the lessee's obligation to return the object and the lessor's obligation to return the deposit are concurrently performed, the defendant's defense is justified within the extent of the above recognition.

Therefore, the defendant should receive KRW 13,151,725 from the plaintiffs and deliver the building of this case to the plaintiffs.

3. Determination as to the counterclaim.

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