1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Comprehensively taking account of Gap 1 and 2's respective descriptions and the overall purport of the pleadings as to the cause of the principal lawsuit, the plaintiff completed the registration of ownership transfer with respect to Chungcheong C Apartment D (hereinafter "D") on November 2, 2002, and the defendant completed the resident registration with respect to D on June 18, 2018 and is recognized as having resided in D as of the date of closing argument.

According to the above facts of recognition, the defendant has a duty to deliver subparagraph D to the plaintiff who exercises the right to claim the exclusion of disturbance based on ownership, except in extenuating circumstances.

On May 23, 2018, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff through E, a licensed real estate agent, on May 23, 2018, regarding the Defendant’s defense, defense that the Defendant had a legitimate title to possess the lease deposit of KRW 35 million, and that the Defendant was obliged to deliver the said lease deposit of KRW 35 million at the same time. Thus, the Defendant’s defense that the Plaintiff had a duty to deliver the said lease deposit of KRW 4-5, 1, 2, and 4 alone was insufficient to acknowledge that the said lease agreement was concluded between the Plaintiff and the Defendant, and there is no other evidence to support this. Therefore, the said defense cannot be accepted.

(However, as seen below, it is recognized that E concluded a lease agreement which causes KRW 3 million in lease deposit and KRW 2 million in monthly rent with respect to subparagraph (D) with respect to the Plaintiff. As such, the Plaintiff and the Defendant may be deemed to have concluded a lease agreement which causes KRW 3 million in lease deposit and KRW 2 million in monthly rent with respect to subparagraph (D). However, considering that the essential elements of the lease agreement are the amount of lease deposit and monthly rent, it should be deemed that a lease agreement between the Plaintiff and the Defendant regarding subparagraph (D) was not concluded due to lack of intent with respect to such essential elements. The Defendant’s counterclaim and concurrent performance defense are determined.