1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 140,000,000 to the plaintiff.

1. Basic facts

A. On October 16, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant apartment”) from the Defendant with the lease deposit of KRW 140,00,000,00, and the lease term from November 20, 2017 to November 19, 2019 (hereinafter “instant lease agreement”). The Plaintiff paid the Defendant the down payment of KRW 14,000,000 on the date of the contract, and KRW 126,00,000,000 on November 20, 2017, and received delivery of the instant apartment.

B. On October 2019, the Plaintiff notified the Defendant of the refusal to renew the above lease agreement, which was one month before the expiration of the lease term.

C. As of the date of closing argument of the instant case, the Plaintiff occupied the instant apartment as of the date of closing argument.

[Ground of recognition] Facts without dispute, Gap evidence No. 2, Eul evidence No. 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease was terminated on November 19, 2019.

The defendant's defense that the plaintiff could not respond to the plaintiff's claim until the apartment of this case is delivered from the plaintiff. Thus, according to the above facts of recognition, the plaintiff is obligated to deliver the above apartment to the defendant. Since the defendant's obligation to return the above lease deposit is related to the above duty of delivery, the defendant's defense is justified.

Therefore, the Defendant is obliged to pay KRW 140,000,000 to the Plaintiff simultaneously with the delivery of the instant apartment from the Plaintiff.

4. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.