1. The lawsuit on the claim for damages for delay in the lawsuit of this case shall be dismissed.

2. The defendant shall list the attached list from the plaintiff.

1. Claim for return of lease deposit due to termination due to the expiration of the lease term of the lease contract concluded between the applicant for indication of claim and the defendant on February 26, 2017, with regard to real estate listed in the attached list, the deposit amount of KRW 250 million, the lease term of which is set from April 27, 2017 to April 27, 2019.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. The Plaintiff partially dismissed shall claim for damages for delay calculated at 15% per annum from the delivery date of the above real estate to the day of full payment, with the lease deposit of KRW 250 million.

This is an action of future performance under the condition that the defendant will not return the lease deposit even though the plaintiff delivered the leased object or provided the performance.

A lawsuit for future performance may be instituted only where a prior claim is necessary (Article 251 of the Civil Procedure Act). In this context, the "case where a prior claim is required" refers to the case where a debtor cannot expect the voluntary performance when the due date comes or the conditions are met because the debtor claims the existence of an obligation from the date of the due date to the time of the fulfillment or when the conditions are met, or it is difficult to enforce due to the debtor's insolvency when the due date becomes due or when the conditions are met.

It is not necessary to file a prior claim on the sole ground that there is a reason for omission in performance or performance impossibility.

(2) In light of the above legal principles, the Plaintiff’s assertion that it is necessary to file a prior claim on the ground that the auction procedure for seven real estate owned by the Defendant, including the above real estate, is in progress. However, in light of the above legal principles, it is not necessary to file a prior claim on the sole basis of the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Therefore, this part of the lawsuit is unlawful and dismissed.