1. The defendant shall deliver real estate indicated in the indication of the attached real estate from the plaintiff to the plaintiff at the same time 40,000.

1. Facts of recognition;

A. On July 199, the Plaintiff leased the above apartment by setting the lease deposit amount of KRW 40,00,000, and from July 31, 1999 to July 30, 2001, the lease deposit was paid to C. Around that time, the Plaintiff received the transfer of the above apartment from C and completed the move-in report.

B. Since then, the above lease contract was implicitly renewed, and the defendant was awarded a successful bid at a voluntary auction on July 11, 2002 where the above lease contract was in force, and completed the registration of ownership transfer for the above apartment on July 22, 2002, and extended the lease term by two years thereafter, and has implicitly renewed the above lease contract with the plaintiff.

C. Before filing the instant lawsuit, the Plaintiff notified the Defendant of the absence of an intent to renew the said lease agreement on May 2017, which is the business for which the term of lease stipulated in the said lease expires.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, since the lease contract with the Plaintiff, which the Defendant impliedly renewed after succeeded from C, has expired on July 30, 2017, the Defendant is obliged to pay the Plaintiff KRW 40,000,000 as lease deposit at the same time as the delivery of the instant apartment house from the Plaintiff.

The defendant argues that the apartment of this case cannot comply with the plaintiff's claim in possession of a third party, not the plaintiff. However, there is no evidence to prove that the third party occupies the apartment of this case, and the plaintiff demanded the defendant to pay the lease deposit to the plaintiff simultaneously with the delivery of the apartment of this case from the plaintiff.