A. On December 28, 2018, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) entered into a lease agreement with Defendant B with regard to the instant real estate with the amount of KRW 5 million, KRW 380,000,000,000,000,000,000,000,000,000,000,000 from December 28, 2018 to December 28, 2019 (hereinafter “instant lease agreement”), and around that time, transferred the instant real estate to Defendant B.

B. However, Defendant B continued to delay the payment of the rent after May 29, 2019, and delayed the payment of KRW 433,680,00 in total, from March 2019 to June 2019.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination as to the claim against the defendant B

A. The instant lease agreement was lawfully terminated on September 6, 2019, which served on Defendant B a copy of the complaint of this case, on the ground of the Plaintiff’s declaration of intention of termination on the ground of delinquency in rent, etc. of Defendant B.

Therefore, barring special circumstances, Defendant B is obligated to deliver the instant real estate to the Plaintiff and pay overdue management expenses of KRW 433,680, and to pay rent or unjust enrichment of KRW 380,000 per month from May 29, 2019 to the completion date of delivery of the instant real estate.

B. Defendant B alleged to the effect that the lease deposit would be in compliance with the Plaintiff’s liability within the limit of five million won, and the fact that Defendant B paid KRW 5 million to the Plaintiff as a defense of simultaneous performance is no dispute between the parties, and the lease contract of this case was terminated by delivery of a copy of the complaint of this case. The fact that the total amount of Defendant B’s overdue management fees was 43,680 won as seen earlier. Accordingly, Defendant B transferred the real estate of this case from May 29, 2019 to May 29, 2019, from KRW 4,566,320 (= deposit deposit amount of KRW 5,00,000 - overdue management fees of KRW 43,680) remaining from the Plaintiff.