A. Defendant B entered from the Plaintiff in the separate sheet from September 6, 2018 by Defendant C from KRW 4440,00 to KRW 440,00.

A. On December 2, 2016, the Plaintiff entered into a contract with Defendant B to lease the buildings listed in the separate sheet (hereinafter “instant building”) to the said Defendant, setting the deposit amount of KRW 50 million, KRW 3740,000 per month, and the lease period from December 2, 2016 to February 5, 2018 (hereinafter “instant lease contract”).

B. From February 5, 2017, Defendant B paid the rent under the instant lease agreement in an irregular manner. As of November 5, 2017, Defendant B, the accumulated amount of the rent in arrears, as of November 5, 2017, went to KRW 8.160,00,000, did not pay the rent at all after November 5, 2017, and the Plaintiff notified Defendant B of the purport that he would not renew the instant lease agreement at the end of the third period as of December 8, 2017.

C. On January 22, 2018, Defendant B transferred the right to claim the return of deposit under the instant lease agreement to Defendant C. On the same day, Defendant B notified the Plaintiff of the assignment of the claim, and Defendant C and D occupy the instant building from that time.

On the other hand, around March 6, 2018, the Plaintiff received a provisional disposition against the Defendants on the prohibition of possession or transfer of the instant building from the Sungwon District Court Sungnam Branch branch.

(2018Kadan60653). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 2 through 8, the purport of the whole pleadings

2. Determination as to the cause of claim against Defendant B

A. According to the above facts, since the instant lease contract was terminated upon the expiration of the period on February 5, 2018, Defendant B, the lessee, is obligated to restore to its original state the Plaintiff the possession of the instant building. The lessee is obligated to return the overdue rent and the unjust enrichment from the rent to the Plaintiff until the completion of the occupation transfer of the instant building.

B. On the ground of Defendant B’s assertion, Defendant B’s duty to deliver the leased object and duty to return the Plaintiff’s deposit, a lessor, to each other.