1. The defendant on October 15, 1994, concerning the real estate stated in the attached list to the plaintiff.

1. Facts recognized;

A. On October 13, 1994, the Defendant completed the registration of chonsegwon (hereinafter “right of lease on a deposit basis”) on the real estate indicated in the order owned by the deceased B on October 13, 1994, the Defendant completed the registration of chonsegwon (hereinafter “right of lease on a deposit basis”) with the south direction among the 2nd floor offices.

B. On October 13, 1995, the Defendant delivered real estate for the purpose of the instant chonsegwon to the deceased B, and the Plaintiff completed the registration of ownership transfer on January 19, 209 as to the real estate stated in the order (hereinafter “instant real estate”) based on testamentary gift.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, since the right to lease on a deposit basis of this case has expired due to the expiration of the term of existence, the defendant must implement the procedure for registration cancellation of the right to lease on a deposit basis of this case to the plaintiff

B. The Defendant’s argument as to the Defendant’s assertion is the defense of simultaneous performance that the registration of the establishment of the right to lease on a deposit basis cannot be cancelled until the Plaintiff was returned. As such, the Defendant’s right to claim the return of the right to lease on a deposit basis arising from the extinguishment of the right to lease on a deposit basis and the right to claim the return of the lease on a deposit basis extinguished after ten years from October 13,

Therefore, the plaintiff's second defense pointing this out is with merit, and the defendant's second defense is without merit.

C. The Defendant, upon filing a lawsuit, is obligated to implement the registration procedure for cancellation of the registration of the establishment of the right to lease on a deposit basis.

3. The decision is delivered with the assent of all participating Justices, on the ground that the plaintiff's claim is well-grounded.