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1.The judgment of the first instance shall be modified as follows:
The defendant shall provide real estate listed in the attached list from the plaintiff.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the first instance court's judgment, except for the submission or addition of the following cases. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The reasoning of the judgment of the first instance court is as follows: Defendant B’s “Defendant B” and Defendant C’s “Defendant C” as “C”, respectively, and Defendant C’s each of the two pages 11 through 16.
A. On April 5, 2014, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 10,000,000, monthly rent of KRW 1,900,000 (excluding value-added tax), and for the lease contract from May 1, 2014 to April 30, 2016 (hereinafter “instant lease contract”), and operated “I” with the delivery of the said store.
On the other hand, the defendant's claim for deduction and simultaneous performance claim after the second action, and the defendant first asserts that the amount of the rent from April 1, 2016 should be deducted from the above lease deposit.
In a lease contract, a security deposit is secured by the lessee’s all obligations arising from the lease after the termination of the lease contract until an order is given to the lessor. The amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, barring any special circumstance, when the object is returned after the termination of the lease contract. Therefore, the lessor is obligated to refund only the remainder after deducting the secured obligation from the security deposit to the lessee.
(See Supreme Court Decision 2005Da8323, 8330, Sept. 28, 2005). Therefore, first, the part of the rent is 2,090,000 won per month (including value-added tax) under the instant lease agreement, and the Plaintiff.