A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On September 11, 2012, the Plaintiff leased the instant real estate to the Defendant at a fixed lease rate of KRW 5 million from September 17, 2012 to September 17, 2015, and KRW 5 million from the monthly lease deposit, and received KRW 5 million from the Defendant.

C. The Plaintiff and the Defendant renewed the lease agreement every one year after the termination of the lease term and renewed it until September 17, 2017.

On September 17, 2017, the Plaintiff expressed to the Defendant that the contract will not be renewed if the term of lease expires.

E. Meanwhile, the Plaintiff did not receive KRW 400,000,000 for monthly rent of September 2012 and KRW 800,000 for monthly rent of July 2013 from the Defendant.

[Ground] Facts without dispute, entry of Gap 1 through 5 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, since the lease contract for the instant real estate was terminated on September 17, 2017, the Defendant shall deliver the instant real estate to the Plaintiff, and shall pay to the Plaintiff the amount of unjust enrichment equivalent to the monthly rent of KRW 400,000 per month after September 18, 2017, and unpaid monthly rent of KRW 80,000 (total of KRW 400,000 and KRW 400,000 per month of September 2012).

In this regard, the defendant has a defense that 5 million won should be refunded.

As seen earlier, the Plaintiff received KRW 5 million as the lease deposit. As long as the lease contract is terminated, the Plaintiff shall return the remainder after deducting the amount of the monthly rent and unjust enrichment equivalent to the monthly rent from the above lease deposit.

Therefore, the amount calculated by deducting KRW 80,000,000,000,000,000,000 from the Plaintiff, the remaining 4.2 million lease deposit, which was paid by the Defendant, from the amount of September 2012 and July 2013. Meanwhile, the Plaintiff is from the lease deposit.