2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Facts of recognition

On October 30, 2018, the Plaintiff concluded a lease agreement between the Defendant and the Defendant to lease real estate listed in the separate sheet (hereinafter “instant store”) with a deposit of KRW 20 million, monthly rent of KRW 1,489,500 (payment on October 30), and the period from October 30, 2018 to October 29, 2019.

(hereinafter “instant lease agreement”). The instant lease agreement was concluded between the Plaintiff and the Defendant to renew the lease agreement that was maintained from October 30, 2014 with respect to the instant store.

The Plaintiff did not pay rent from September 2019 to November 19, 2019, and all Plaintiff’s facilities in the instant store were removed.

[Grounds for Recognition] Facts without dispute, Gap evidence 1, 7-9, Eul evidence 4, 7-9 (including each number), and the purport of the whole pleadings

2. Claim for refund of deposit;

A. According to the fact that the right to claim the return of deposit is established, the instant lease was terminated on October 29, 2019, and thus, the Defendant is obligated to pay 20 million won to the Plaintiff, barring any special circumstance.

B. As the Plaintiff did not complete delivery of the instant store, the Defendant asserts that he/she is obligated to pay the amount calculated at the rate of KRW 1,489,50 per month from September 2019 to the date of the completion of delivery of the instant store. The Plaintiff is the person who was in arrears for two months from September 2019 and October 2019.

According to the facts found above, the plaintiff did not pay rent for the store of this case from September 2019, as seen earlier.

However, the benefit in return of unjust enrichment on the ground of benefit without legal grounds refers to the substantial benefit, so the lessee continued to possess the leased building even after the lease contract relationship has ceased.