1. The Defendant received 72.3 square meters of the real estate listed in the attached list from the Plaintiff and simultaneously received from the Plaintiff 9.3 square meters of the real estate in the attached list.

Comprehensively taking account of the overall purport of the pleadings as to the statement in Evidence A Nos. 1 and 2, the Plaintiff may recognize the fact that on March 7, 2018, the Defendant paid the lease deposit amount of KRW 72.3 square meters on one floor (hereinafter “instant house”) among the real estate listed in the separate sheet from the Defendant, with the lease deposit amount of KRW 95 million, from March 27, 2018 to March 26, 2020 (hereinafter “instant lease contract”); and the Defendant paid the lease deposit amount of KRW 10 million on March 7, 2018; KRW 85 million on March 27, 2018; and KRW 95 million on March 27, 2018.

According to the above facts, the lease contract of this case was terminated on March 27, 2020, and on the other hand, since the plaintiff was a person who did not deliver the house of this case to the defendant until the date of closing argument of this case, the defendant is obliged to pay the plaintiff the deposit amount of KRW 95 million at the same time as the transfer of the house of this case.

Furthermore, on February 10, 2020, the Plaintiff newly leased the apartment house to be residing after the expiration of the term of the instant lease agreement, and paid 3.25 million won, which is part of the down payment, to the new lessor. The Defendant knew of such circumstance, but did not refund the lease deposit amount to the Plaintiff. Accordingly, the Plaintiff was unable to pay the lease deposit to the new lessor, thereby causing losses to the confiscation of the said KRW 3.25 million. Thus, the Defendant asserted that, at the same time, the Plaintiff was liable to pay the Plaintiff KRW 3.25 million for the nonperformance or tort.

Since the tenant's obligation to deliver the leased object and the lessor's obligation to return the deposit are related to the simultaneous performance, in order to extinguish the lessor's defense of simultaneous performance and to recognize the lessor's obligation to return the deposit, the lessee must provide the lessor with the delivery of the leased object.

Supreme Court Decision 2001Da77697 Decided February 26, 2002