1. The defendant shall deliver all of the Category C D from the plaintiff to the plaintiff at the same time. 120,000,000 won shall be the plaintiff.

Facts of recognition

On July 27, 2016, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit is set at KRW 120,000,000, and the lease term is set at August 27, 2018 (hereinafter “instant lease agreement”) with the Defendant for lease with respect to the entire Yong-gu CD (hereinafter “instant real estate”). At that time, the Plaintiff paid KRW 120,000,000 to the Defendant.

On May 28, 2018, the Plaintiff knew that the Defendant had no intent to extend the instant lease agreement.

[Grounds for recognition] According to the above fact-finding as to the grounds for claim as to Gap's evidence Nos. 1, 2, and 3 and the grounds for claim as a whole, since the lease contract of this case was terminated upon the expiration of its validity, the defendant is obligated to return the lease deposit amount of KRW 120,000 to the plaintiff.

The defendant's assertion asserts that the plaintiff did not fulfill his duty to restore the real estate of this case even though the plaintiff damaged the real estate of this case.

However, the statement No. 1 in the above assertion alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it, and the defendant's above assertion is not acceptable.

The defendant asserts that the lease deposit cannot be refunded before the transfer of the instant real estate.

The defendant's assertion is reasonable since the lessee's obligation to return the leased object and the lessor's obligation to return the deposit are concurrently performed in the lease contract.

In conclusion, the Defendant is obligated to return KRW 120,000,000 to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

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