1. The defendant is paid KRW 50,000,000 from the plaintiff and at the same time, from among the real estate listed in the attached Table to the plaintiff.

1. On July 1, 2009, the Plaintiff leased the part of the building as stated in Paragraph (1) of the Disposition (hereinafter “instant commercial building”) to the Defendant on the basis of the lease deposit amounting to KRW 50,00,000, and the lease term of KRW 24 months (hereinafter “instant lease contract”). The Defendant paid the lease deposit to the Plaintiff at around that time, and operated the business in the said commercial building as “D restaurant” in the name of “D restaurant,” and the Plaintiff notified the Defendant of the intent to request the transfer of the instant commercial building as the lease term expires on or around May 29, 2017, as the lease term expires on or around July 1, 2017, does not conflict between the parties, or is recognized in full view of the purport of the entry in subparagraph 1 and the entire arguments.

According to the above facts, the lease contract of this case was terminated upon the expiration of the period.

Therefore, the defendant is obligated to deliver the commercial building of this case to the plaintiff, unless there are other special circumstances.

2. Judgment on the defendant's assertion

A. As to the assertion on the right to lease deposit, the Defendant asserts to the effect that the Plaintiff did not have the duty to deliver the instant commercial building before the refund of the deposit for lease deposit (the statement in paragraph (3) of the preparatory document as of April 16, 2019 is the same as the aforementioned defense). The Defendant paid the Plaintiff the deposit amount of KRW 50,000,000 and operated the business in the instant commercial building as seen earlier. Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff at the same time with the payment of the deposit for lease deposit from the Plaintiff.

B. The Defendant asserts that the Plaintiff’s father, E, the father of the Plaintiff, inflicted fire on the instant commercial building, and thereby, incurred damages equivalent to KRW 50,000,000, totaling KRW 40,000,000, and KRW 10,000,000, the amount equivalent to the facility construction cost, and thus, the Defendant cannot deliver the instant commercial building before receiving compensation for the said damages.

However, each party's right to defense of simultaneous performance shall be borne by each party.