1. The defendant's delivery of real estate stated in the separate sheet from the plaintiff at the same time exceeds KRW 50,000,000 to the plaintiff.

The judgment on the cause of the claim was made with C on March 5, 2004, and the Plaintiff entered into a lease agreement with the real estate listed in the separate sheet (hereinafter “instant store”), the lease deposit amount of KRW 50 million, monthly rent of KRW 800,000,000,000 from March 5, 2004 to March 4, 2005, and the lease deposit amount of KRW 50,000,000,000 is paid around that time, and the Plaintiff and C agreed to the above lease agreement around 201, but the Plaintiff continued to occupy the instant store due to the Plaintiff’s failure to refund the lease deposit, and C died on June 2014, the fact that there was the Defendant, who is a son, is not a dispute between the parties.

According to the above facts, since the lease contract for the store of this case was terminated by agreement around 2011, the defendant, who is the inheritor of C, is obligated to return the above lease deposit to the plaintiff, unless there are special circumstances.

Meanwhile, there is no dispute between the parties that the obligation to return the deposit and the object of lease are in the simultaneous performance relationship, and the Plaintiff continues to possess the present store of this case. Thus, the Defendant is liable to pay the Plaintiff the amount of KRW 50 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day after the date of completion of delivery of the instant store to the day of full payment.

The Plaintiff claimed for the payment of damages for delay calculated by 15% per annum from the day after the date of the delivery of the store in this case. However, since the above claim for payment of KRW 50 million constitutes a future performance lawsuit under Article 251 of the Civil Procedure Act, the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings cannot be applied. Thus, a claim exceeding the recognized portion cannot be accepted.

In conclusion, the plaintiff .