1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 40,000,000 to the plaintiff.

1. Basic facts

A. On January 10, 2016, the Plaintiff

8. From October 10, 2016 to October 10, 2018, a lease agreement was concluded between the Defendant and the Defendant to lease a building listed in the attached list (hereinafter “instant building”) with the term of lease, setting the lease deposit amount of KRW 40 million (hereinafter “instant lease agreement”).

B. The Plaintiff paid KRW 40 million to the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The parties' assertion

A. Since the contract of this case was terminated upon the expiration of the termination period, the defendant is obligated to refund the lease deposit amount of KRW 40 million to the plaintiff.

B. The defendant can return the lease deposit to the plaintiff who delivered the building of this case, and the management expenses, electricity and gas expenses, etc. shall be deducted from the lease deposit.

3. According to the above findings of the determination, the instant lease agreement was terminated upon the expiration of the term, and the Plaintiff’s duty to deliver the instant building and the Defendant’s duty to return the lease deposit are in the relationship of simultaneous performance. Thus, barring any special circumstance, the Defendant is obliged to return the lease deposit amount of KRW 40 million as well as the delivery of the instant building from the Plaintiff.

On the other hand, the defendant asserted that management expenses, electricity and gas costs should be deducted from the lease deposit, but since the specific amount is not disclosed properly, the defendant's above claim for deduction is rejected.

4. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.