1. Defendant B shall deliver to Defendant C and D the real estate listed in the separate sheet.

2. Defendant C and D shall be from Defendant B.

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 of the Civil Procedure Act;

3. The Plaintiff partially dismissed part of the lease deposit of this case claimed against Defendant C and D for the payment of KRW 3 million of the transfer deposit of this case to the day of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the date of completion of delivery of this case to the day of full payment.

However, if both obligations are simultaneously performed in a bilateral contract, even if the fulfillment period for one of the parties' obligations arrives, the other party's obligations are not liable for delay of performance until the other party's obligations are performed.

In this case, as long as Defendant B cannot be deemed to have provided or performed the performance for the delivery of the instant real estate to Defendant C and D until the rendering of the judgment in this case, it cannot be said that Defendant C and D are liable for delay of performance with respect to the obligation to pay the instant lease deposit in simultaneous performance relationship with the obligation to deliver the instant real estate.

Therefore, the interest rate stipulated in the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings does not apply to the recognition of damages for delay after the date of delivery of the instant lease deposit (see, e.g., Supreme Court Decision 2002Da43370, Oct. 25, 2002). Therefore, the portion calculated at the rate of 5% per annum as stipulated in the Civil Act among the claims for damages for delay in this case is recognized, and the portion exceeding this rate is dismissed