1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. 1) The Plaintiff is the friendship of D, and the Defendant is the spouse of D. 2) On October 13, 2011, the Plaintiff acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant apartment”).

On June 20, 2012, the previous lessee resided in the apartment of this case. On June 20, 2012, the previous lessee removed, and the Defendant and D resided from June 22, 2012, and the Defendant paid KRW 450,00 to the Plaintiff via his own account or D’s account from July 20, 2012 to September 21, 2015.

3) On November 5, 2015, the Plaintiff delayed the payment of KRW 450,00 that the Defendant paid every month after September 21, 2015. On November 3, 2015, the Plaintiff sent to the Defendant a content-certified mail to the effect that “the apartment of this case is ordered until December 31, 2015,” and arrived at the Defendant on November 6, 2015, and thereafter, sent a content-certified mail to demand the name of the apartment of this case on January 27, 2016 and February 23, 2017, and reached all of the Defendant on January 8, 2017 and February 24, 2017.

(U) On June 2012, the Defendant entered into a lease agreement with the Plaintiff with respect to the instant apartment around June 2012, 2012, which made the lease deposit amounting to KRW 85 million, and the Plaintiff paid on behalf of the former lessee the lease deposit amounting to KRW 85 million in lieu of the payment of the lease deposit to the Plaintiff, and at the same time, the Plaintiff was obligated to surrender the said lease deposit amount from the Plaintiff to the Plaintiff with the return of KRW 85 million.

The term "high simultaneous performance defense" was changed.

3. However, the above court on March 22, 2017.