A. The Plaintiff leased the instant real estate (hereinafter “instant real estate”) to the Defendant from around April 2010, by leasing KRW 102,00,000 on the first floor of Dobong-gu Seoul and D ground row housing (hereinafter “instant real estate”).

B. On March 30, 2014, the Plaintiff concluded a renewal contract with the Defendant on the said real estate, and set a deposit of KRW 10 million per month, monthly rent of KRW 750,000, and period of KRW 7 months until October 30, 2014.

C. On February 12, 2015, the Defendant returned one million won of the deposit from the Plaintiff, and moved to another place on February 12, 2015, and partly left the real property of this case.

[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, since the lease contract on the instant real estate was terminated at the expiration of the period, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances.

B. The defendant's assertion 1) argues that the defendant did not refund the remaining security deposit from the plaintiff and did not refund the remaining security deposit to the real estate of this case. Accordingly, the plaintiff asserted that the defendant did not refund the remaining security deposit after leaving the real estate of this case, and that there is no remaining security deposit to be returned upon deduction of unpaid rent, etc. which has occurred up to now. (A) The defendant's argument is decided by the simultaneous performance defense that the plaintiff cannot deliver the real estate of this case until the refund of the remaining security deposit is completed. (B) The tenant's obligation to return the leased object and the obligation to return the remaining security deposit of the lessor are in the simultaneous performance relationship. Thus, if the tenant continues to possess the leased object in order to secure the claim to return the security deposit upon the right to defense of simultaneous performance, the leased object is deemed to be illegally occupied.