1.The judgment of the first instance shall be modified as follows:

The defendant shall provide the plaintiff with the real estate listed in the attached list No. 1.

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for partial changes or additions as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Parts to be modified or added;

(a) Grounds for the judgment of the first instance;

2.(b)

1. The following shall be added to:

The defendant asserts that the right of possession of the real estate in this case exists since the sub-lease contract was implicitly renewed between B and the sub-lease deposit was not refunded.

The right of rent of the sub-lessee is established on the basis of the right of lease of the sub-lease, and the right of rent is extinguished upon the expiration of the lease term due to the expiration of the lease term, and the sub-lease does not directly acquire any right against the lessor by reason of the sub-lease contract.

As seen earlier, since the right of lease of B has ceased to exist due to the expiration of the period, the Defendant, a sub-lessee, cannot oppose the Plaintiff, a lessor, as a defense of simultaneous performance against B.

Therefore, the defendant's above assertion is without merit.

B. Grounds for the judgment of the court of first instance

2.(b)

4) The second sentence of subparagraph (c) shall be amended as follows:

Article 760 (3) of the Korean Civil Code provides that an aided or an aided person shall be deemed a collaborative act, thereby imposing liability on the aided or aided person as a joint tortfeasor.

aiding and abetting means any direct or indirect act that facilitates a tort, and includes the case where not only by a commission but also by a omission by which a person liable to act does not take various measures to prevent it, thereby facilitating the commission of a tortfeasor.

Unlike the Criminal Act, aiding and abetting such illegal acts can be aiding and abetting by negligence as a interpretation of the Civil Act that considers negligence as a matter of principle with the intention of compensating for damages.