1. The defendant shall deliver real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time.

1. Facts of recognition;

A. On August 28, 2015, the Plaintiff sold real estate listed in the separate sheet (hereinafter “instant house”) to the Defendant in 200 million won, and completed the registration of ownership transfer under the name of the Defendant on October 12, 2015.

B. On the other hand, on October 12, 2015, the Plaintiff leased the instant house from the Defendant for the period of KRW 100 million and October 12, 2017.

C. On June 11, 2017 and August 1, 2017, the Plaintiff notified the Defendant that he/she does not want to renew the lease.

The Plaintiff did not yet deliver the instant house to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease on condition of October 12, 2017 expired, the Defendant is obligated to pay 100 million won to the Plaintiff simultaneously with the delivery of the instant house from the Plaintiff.

B. Meanwhile, the Plaintiff sought damages for delay against KRW 100 million, but as long as the Plaintiff did not perform the duty of delivery of the instant house in the simultaneous performance relationship as seen earlier, the Defendant cannot be deemed to have delayed the obligation of repayment of the lease deposit. Therefore, the Plaintiff’s assertion on this part is without merit

3. As such, the claim of this case is justified within the scope of the above recognition, and the remaining claims of the plaintiff are dismissed as it is without merit. It is so decided as per Disposition.