1. The defendant shall deliver the plaintiff 401, Nam-gu, Incheon (39.79m2, multi-household housing) with the fourth floor of 401m2, Nam-gu, Incheon.

2. The plaintiff.

1. Determination as to the cause of claim

A. The Plaintiff is the owner of the 401m2 (39.79m2, multi-household housing) of Nam-gu, Incheon (hereinafter “instant real estate”), and the fact that the Defendant occupied the instant real estate is not a dispute between the parties.

Therefore, unless there is no legitimate title to possess the Defendant, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. The Plaintiff also sought payment of damages for illegal possession based on the ratio of KRW 300,000 per month from September 15, 2014 to the completion of delivery of the instant real estate.

In general, damages due to illegal possession is the amount equivalent to the rent of the real estate. However, it is not sufficient to recognize that the amount equivalent to the rent of the real estate of this case is KRW 300,000 per month only with the statement of evidence No. 12, and there is no other evidence to determine the amount equivalent to the rent. Thus, the plaintiff's claim of this part is without merit without any need to further examine.

Therefore, we cannot accept this part of the plaintiff's assertion.

2. Judgment on the defendant's simultaneous performance defense

A. 1) The Defendant’s assertion that the right of representation was asserted 1) delegated the right to enter into a lease agreement to D, and the Defendant, on September 15, 2014, set the instant real estate from D to September 15, 2015, by setting the deposit amount of KRW 20 million and the lease period of the instant real estate as the lease on the Plaintiff’s agent D’s September 15, 2015, but decided to substitute the payment of the deposit amount of KRW 20 million previously held against D (hereinafter “instant lease agreement”).

Therefore, since the instant lease contract was established between the Plaintiff and the Defendant, the Defendant cannot deliver the instant real estate to the Plaintiff before receiving deposit of KRW 20 million. 2) According to each of the statements in the Plaintiff 1 and the evidence Nos. 1 and 2, the Plaintiff was issued on July 24, 2014 in the column for the use of the certificate of personal seal impression.