1. The Plaintiff:

A. Defendant B received KRW 3 million from the Plaintiff and simultaneously entered in [Attachment 1, 2] No. 1, 2.

1. Basic facts

A. On April 1, 2012, Defendant B leased real estate (hereinafter “instant real estate”) as indicated in [Attachment Nos. 1 and 2 (hereinafter “instant real estate”) owned by the Plaintiff from the Plaintiff at KRW 2 million, monthly rent of KRW 400,000, monthly rent of KRW 2400,000, and the lease period of KRW 24 months (hereinafter “instant lease agreement”), and paid the Plaintiff security deposit.

B. The instant lease agreement was renewed on April 1, 2014 by March 31, 2015, and then renewed each year pursuant to the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

C. On January 25, 2017, the Plaintiff notified Defendant B that the instant lease agreement will not be extended by content-certified mail. D.

On February 18, 2017, Defendant B subleased the instant real estate to Defendant C without the Plaintiff’s consent, and Defendant C occupied the instant real estate.

[Grounds for Recognition: Confession against Defendant C, the absence of dispute against Defendant B, Gap evidence 1, Gap evidence 3, Gap evidence 4, the purport of the whole pleadings]

2. Determination as to the claim against the defendant B

A. Comprehensively taking account of the above facts acknowledged as to the Plaintiff’s claim for delivery, Defendant B, as a lessee of the instant lease agreement, is obligated to deliver the instant real estate according to the expiration of the lease agreement.

B. Defendant B’s assertion on Defendant B’s simultaneous performance defense and the Plaintiff’s assertion on the Plaintiff’s non-performance of debt 1) asserted that Defendant B could not comply with the Plaintiff’s claim for delivery until the Plaintiff was returned the deposit. Since Defendant B did not pay KRW 3.6 million for nine months of the rent, the Plaintiff claimed payment of KRW 3.6 million of the rent in arrears set off the deposit amount from KRW 3.6 million of the rent in arrears and sought payment of KRW 600,000 of the remainder of the rent in arrears. 2) Defendant B’s determination on the simultaneous performance defense of Defendant B’s simultaneous performance is liable to deliver the instant real estate only in exchange for the Plaintiff’s refund of the deposit.