1. The judgment of the court of first instance is modified as follows.

The defendant shall provide real estate listed in the attached list from the plaintiff.

1. According to the facts that there is no dispute between the parties to the judgment as to the cause of the claim, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings, the plaintiff entered into a lease agreement with the defendant on July 19, 2010 on a deposit of 18 million won for the real estate indicated in the separate sheet (hereinafter “instant real estate”) and the attached list, and during the lease period from August 2, 2010 to August 1, 2012 (hereinafter “the instant lease agreement”), and paid the defendant the lease deposit of 18 million won for the instant lease. The plaintiff sought the return of the deposit to the defendant on the ground of the expiration of the lease agreement of this case, but failed to implement it on October 17, 2016, the plaintiff is recognized to have completed the lease registration (hereinafter “the instant lease registration”).

According to the above facts, even if the instant lease contract was explicitly renewed on August 1, 2012 due to the expiration of the term, it is reasonable to deem that the Plaintiff terminated the instant lease contract at least at least on January 25, 2016, and that the instant lease contract was terminated at the time when three months elapsed from the date pursuant to Article 6-2 of the Housing Lease Protection Act, and thus, the obligation to return the instant lease deposit to the Defendant is identical.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the deposit of KRW 18 million and the delay damages for the lease of this case.

2. Judgment on the defendant's defense

A. The Defendant’s simultaneous performance defense 1) simultaneous performance defense is not possible until the Plaintiff’s delivery of the instant real estate and the procedure for the cancellation registration of the instant lease registration. 2) First, in regard to the delivery of the instant real estate, the lease contract is terminated.