1. The judgment of the court of first instance is modified as follows.

The defendant shall provide real estate listed in the attached list from the plaintiff.

1. Facts of recognition;

A. On April 24, 2009, the Defendant leased the instant real estate as indicated in the separate sheet (hereinafter “instant real estate”) from the Korea Land and Housing Corporation. On June 30, 2010, the Plaintiff set the lease deposit amount of KRW 60,000,000, and the lease term of the instant real estate from the Defendant during the period from July 10, 201 to July 9, 2012.

B. On July 10, 2012, after the termination of the said sub-lease contract, the Plaintiff and the Defendant increased the deposit for sub-lease to KRW 79,00,000 with respect to the instant real estate, and entered into a sub-lease contract again (hereinafter “sub-lease contract in this case”) by setting the period from July 10, 2012 to 24 months.

C. After the termination of the sub-lease contract of this case, the Plaintiff received a refund of KRW 34,00,000 from the Defendant out of the deposit for sub-lease, and currently is residing in the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the remainder of the sub-lease deposit to the plaintiff KRW 45,000,000.

As to this, the defendant shall set up a defense of simultaneous performance that the plaintiff cannot respond to his claim until the real estate of this case is delivered from the plaintiff.

At present, the plaintiff occupies the real estate of this case, and the above delivery obligation of the plaintiff is related to the defendant's obligation to return the above deposit simultaneously with the obligation to return the deposit.

Therefore, the defendant's above defense is justified.

Therefore, the Defendant is obliged to pay the remainder of the sub-lease deposit to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

The plaintiff sought payment from the day after the delivery date of the duplicate of the complaint of this case, but the repayment obligation of the sub-lease is related to the sub-lease's repayment obligation of the sub-lease, and it is only from the day after the sub-lease received the repayment obligation of the sub-lease.