1. The defendant shall pay 40,000,000 won to the plaintiff simultaneously with the delivery of real estate stated in the separate sheet from the plaintiff.

1. Facts of recognition;

A. On November 27, 2013, the Plaintiff leased real estate attached to the instant apartment (hereinafter “instant apartment”) from the Defendant from the Defendant to the Defendant during the period from December 12, 2013 to December 11, 2015 (hereinafter “instant apartment contract”) with a deposit of KRW 40,00,000, and the period from December 12, 2013 to December 11, 2015, and received the delivery of the instant apartment from the Defendant.

B. On November 13, 2018, the Plaintiff notified the Defendant that the instant lease contract was terminated, and the Defendant received the following notice.

[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. The instant apartment building is a residential building, and the instant lease agreement is governed by the Housing Lease Protection Act. According to the aforementioned facts, the term of the instant lease agreement was extended by implied renewal under Article 6 of the Housing Lease Protection Act around December 11, 2015 and around December 11, 2017, until December 11, 2019. However, it is determined that the termination of February 14, 2019 when three months have passed since the date the Defendant was notified of the termination of the contract (Article 6-2 of the Housing Lease Protection Act). Accordingly, the Defendant is obliged to pay the Plaintiff KRW 40,000,000 of the deposit of the instant lease agreement at the same time as the Plaintiff received the instant apartment from the Plaintiff.

3. Conclusion, the plaintiff's claim of this case is justified.