2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

A. On March 26, 2015, J entered into a lease agreement that leases the instant real estate from the Plaintiff to the deposit money of KRW 340 million (hereinafter “instant lease agreement”) and completed the registration of the establishment of the instant lease on a deposit basis, setting the duration on March 25, 2017 by March 25, 2017.

B. On March 11, 2017, K, the wife of J and C, concluded a lease agreement that leases the instant real estate from the Plaintiff to KRW 385 million on the lease deposit, up to March 25, 2019.

At the time, K paid 45 million won to the Plaintiff the increased amount of deposit, and agreed with the Plaintiff to appropriate the existing deposit for the lease deposit of K.

C. On August 3, 2018, the J died, and the Defendant and C jointly inherited the property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the lease contract of this case terminated upon the expiration of its term, barring special circumstances, the defendant, the heir of J, is obligated to implement the registration procedure for cancellation of the lease of this case to the plaintiff.

B. On the ground that the Defendant did not refund KRW 170,000,000 corresponding to the Defendant’s share of inheritance among the key money for lease on a deposit basis by J, the Defendant’s defense of simultaneous performance.

However, the following circumstances, which can be recognized by comprehensively taking account of the evidence evidence evidence Nos. 6, 7, and 8, namely, ① the place where the instant real estate had been residing at the time C and K, appears to have entered into the instant lease contract to prepare a residence for them; ② the J concluded the lease contract for the instant real estate on or around March 18, 2013, and completed the registration of establishment of a right to lease on a deposit basis with the deposit money of KRW 290 million at the time of the first signing of the lease contract for the instant real estate; and thereafter, the registration of establishment of a right to lease on a deposit basis was cancelled when entering into the instant lease contract with the amount of deposit of KRW 50 million.