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(영문) 의정부지방법원고양지원 2015.10.16 2015가단13105
건물명도 등
Text

1. The defendant shall receive KRW 550,000 from the plaintiff at the same time deliver the building listed in the attached Table to the plaintiff.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the plaintiff entered into a lease agreement with the defendant on September 20, 2012 with regard to the real estate listed in the separate sheet owned by the plaintiff (hereinafter "real estate of this case"), KRW 15,00,000, monthly rent of KRW 700,000, and the rent of KRW 24 months as of September of each month (hereinafter "the lease agreement of this case"). The defendant paid the above deposit to the plaintiff and resided in the building of this case around that time, but the plaintiff agreed to change the deposit of KRW 10,00,000 on February 19, 200, KRW 750,000 for monthly rent of 0,000, KRW 200 for the following reasons, and the plaintiff paid the deposit to the defendant on May 17, 2013 as the changed payment period of KRW 5,000,000 for the following reasons.

According to the above facts, since the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination on the ground of delinquency in rent, the defendant is obligated to deliver the real estate of this case to the plaintiff.

On the other hand, the defendant asserts that there is a security deposit received from the plaintiff.

According to the facts of recognition as above, as long as the lease contract of this case is terminated, the plaintiff is obligated to return the deposit to the defendant, and the above obligation is concurrently performing the obligation of the defendant to deliver real estate.

However, this case.

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