1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From September 21, 2015, the above-mentioned A

(b).

1. The plaintiff is the father of C, and the defendant is the husband of C.

On October 13, 2011, the Plaintiff acquired the ownership of real estate listed in the separate sheet (hereinafter “instant apartment”).

On June 20, 2012, the previous lessee had been living in the apartment house of this case, and the defendant and C have been living in from June 22, 2012 to June 22, 2012.

From July 20, 2012 to September 21, 2015, the Defendant paid 450,000 won to the Plaintiff via its own account or C’s account on or before the 20th day of each month.

On September 21, 2015, the Defendant did not pay KRW 450,00 that the Plaintiff paid to the Plaintiff on or after September 21, 2015, the Plaintiff sent a letter verifying the purport of the instant apartment to the Defendant on November 5, 2015 and sent it to the Defendant on December 31, 2015. The Plaintiff sent it to the Defendant on November 6, 2015.

2. In spite of 23. 23. Each of them sent to the Defendant a content-certified mail demanding the presentation of the apartment of this case

1.28. Departments

2. The defendant was sent to 24.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 8, Eul evidence No. 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. (1) The fact that the Plaintiff is the owner of the instant apartment, and the fact that the Defendant occupied the instant apartment is the same as seen earlier, in determining the cause of the instant claim for delivery of the apartment.

Therefore, unless there are special circumstances, the defendant is obliged to deliver the apartment of this case to the plaintiff.

(2) The Defendant’s judgment on the Defendant’s simultaneous performance defense, asserting that around June 2012, the Plaintiff entered into a lease agreement with the Plaintiff with a deposit of KRW 85 million with respect to the instant apartment, and that the Plaintiff paid a deposit of KRW 85 million to be returned to the previous lessee on behalf of the Defendant, in lieu of the payment of the deposit for lease to the Plaintiff, and that the said deposit was KRW 85 million from the Plaintiff.