1. The first floor of a building entered in the list;

(1) On October 31, 2016, the Defendant leased (hereinafter “instant lease agreement”) the building portion as stated in the main text of paragraph (1) (hereinafter “instant building”) from the Plaintiff as KRW 15,000,000, and the lease period from November 17, 2016 to July 16, 2017, and KRW 880,000 (including value-added tax) for rent, and occupied and used the said building portion.

D. The Defendant did not pay the monthly rent from July 17, 2017, and on October 17, 2017, the Plaintiff declared to the Defendant that the said lease was terminated on the grounds of three or more months in arrears, and on October 17, 2017, the said termination declaration reached the Defendant on October 18, 2017.

Article 25(1) of the former Act provides that the Defendant shall transfer part of the monthly rent to the Plaintiff on October 24, 2017.

x. The Defendant delivered the instant building portion to the Plaintiff around March 4, 2018.

[Ground of recognition] Evidence A Nos. 1 through 6, Eul's evidence Nos. 1 and photographs, the video and the purport of the whole pleadings

2. The assertion and judgment

A. Since the instant lease contract was lawfully terminated on the ground that the Defendant’s delinquency in the rent of the Defendant asserted by the Plaintiff, the Defendant is obligated to receive from the Plaintiff the remainder of the lease deposit, excluding the overdue rent from the lease deposit to March 4, 2018, 8,785,000 won, and at the same time deliver the instant building portion to the Plaintiff.

B. According to the facts found above, since the lease contract of this case was lawfully terminated, it was restored to its original state, the Defendant: (a) from the Plaintiff’s deposit 15,00,000 won; (b) from July 17, 2017 to August 16, 2017, the monthly rent of KRW 55,000 which was unpaid (=80,000 - KRW 825,000 paid on October 24, 2017; (c) from August 17, 2017 to February 16, 2018 to KRW 5,280,000 for the monthly rent of less than KRW 880,00 for the period from July 17, 2017 to August 16, 201; and (d) from August 28, 2018 to August 28, 208; (e) the monthly rent of less than KRW 5,000 for less than 30,5.888