A. On November 25, 2014, the Plaintiff leased, from the Defendant, Seoan-si C Apartment D (hereinafter “instant apartment”) a deposit of KRW 125,00,000, and from January 15, 2015 to January 15, 2017, the term of lease was fixed and leased from the Defendant.

B. The Plaintiff paid a deposit of KRW 125,00,000 to the Defendant by January 15, 2015, and received the instant apartment from the Defendant around that time.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease of the apartment of this case has been terminated due to the expiration of the term of lease, the defendant is obligated to return the deposit amount of KRW 125,00,000 to the plaintiff, barring any special circumstances.

B. As to this, the defendant asserted that the return of the deposit should be done simultaneously with the delivery of the plaintiff's apartment in this case, and since the plaintiff did not receive the deposit, he has resided in the apartment in this case until now, the defendant's simultaneous performance defense is justified.

C. Therefore, the defendant is obliged to return the above deposit KRW 125,00,000 to the plaintiff simultaneously with the delivery of the apartment of this case from the plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.