A. On August 15, 2018, the Plaintiff entered into a contract with the Defendant on a lease deposit of KRW 25 million, KRW 2.2 million per month, and the lease period from August 15, 2018 to August 15, 2020 (hereinafter “instant lease contract”).

B. On December 29, 2019, the Plaintiff sent to the Defendant a certificate of content that the instant lease agreement was terminated on the ground that the Plaintiff was not paid a four-month difference, and the said certificate reached the Defendant around that time.

C. By September 15, 2020, the rent in arrears of the Defendant is KRW 11,00,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 9, Eul evidence Nos. 1, 4, and 8, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the cause of the claim, the instant lease agreement was lawfully terminated on or around December 2019 on the ground of the Defendant’s delay of rent. Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff and return the overdue rent or the unjust enrichment from the rent party.

As to this, the defendant asserts that he agreed to maintain the lease relationship by paying a part of the enclosed car around August 5, 2020. However, the evidence submitted by the defendant alone is insufficient to acknowledge the fact of the defendant's assertion, and there is no other evidence to acknowledge it. Thus, this part of the defendant's assertion is rejected.

B. The defendant's defense is alleged to be improper to seek the delivery because there is a security deposit remaining after deducting the overdue rent from the lease deposit. Thus, the defendant's assertion as to the deduction of the lease deposit and the simultaneous performance of the lease deposit is decided.

According to the above facts, since the lease contract of this case terminated on or after the end of December 2019, the plaintiff is obligated to return 25,000,000 won to the defendant, and the plaintiff is obligated to return it.