1. The defendant shall deliver the building stated in the attached list from the plaintiff and at the same time, KRW 21,00,000 to the plaintiff.

1. Basic facts

A. On November 25, 201, the Plaintiff leased the instant building from the Defendant with a deposit of KRW 21,000,000, monthly rent of KRW 350,000, and period of KRW 24 months.

B. Expert C assessed the premium amount of KRW 15,000,000 on the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, result of an appraisal commission to appraiser C, purport of whole pleadings

2. Determination on the cause of the claim

A. According to the fact that the instant lease contract was terminated on November 24, 2015, barring special circumstances, the Defendant is obligated to return the deposit amount of KRW 21,00,000 to the Plaintiff, barring special circumstances.

On the other hand, the defendant set up a defense of simultaneous performance against the delivery of the building of this case, and the obligation to return the remaining security deposit after deducting the lessee's obligation to return the object and the lessor's overdue rent, etc. arising from the termination of the lease contract. Therefore, the defendant's defense of this part is justified.

Therefore, the Defendant is obliged to pay deposit KRW 21,00,000 to the Plaintiff simultaneously with the delivery of the instant building from the Plaintiff.

B. Article 10-4 of the Commercial Building Lease Protection Act (such as protection of opportunity to recover premiums, etc.) (1) Article 10-4 of the Commercial Building Lease Protection Act (such as protection of opportunity to collect premiums, etc.) shall not interfere with the Plaintiff’s payment of premiums from a person who intends to become a new lessee arranged by the lessee under the contract for premiums, as the Plaintiff’s assertion obstructs the Plaintiff’s receipt of premiums from a new lessee. Thus, the judgment should be made pursuant to Article 10-4(1) and (3) of the Commercial Building Lease Protection Act.

Provided, That there is a ground falling under any subparagraph of Article 10 (1).