(1) On May 28, 2016, the Plaintiff: (a) leased a building listed in the separate sheet (hereinafter “instant building”) to the Defendant as indicated in the separate sheet (hereinafter “instant lease”) at KRW 80 million; (b) five years from the delivery of the leased building; and (c) KRW 300,000 from the monthly rent of the leased building (hereinafter “instant lease contract”); and (c) the Defendant paid KRW 10 million as the down payment; (d) the remainder of the lease deposit shall be paid upon the completion of the instant building; and (e) if the Plaintiff entered into the instant lease agreement, the Plaintiff shall be paid two times the amount received as the down payment; and (e) if the Defendant entered into the instant lease agreement, the down payment shall be null and void; and (e) the Plaintiff shall not claim a return.

D. The Defendant, on November 2016, moved into the building of this case after making a move-in report, paid only 12 million won out of the lease deposit, and did not pay the remainder of the lease deposit to the Plaintiff, and did not pay the monthly rent from December 2016 to March 2017.

Secondly, on March 7, 2017, the registration of initial ownership in the Plaintiff’s name was completed on the instant building.

x. The Plaintiff, on the ground that the Defendant did not pay the remainder and monthly rent out of the lease deposit stipulated in the instant lease agreement, declared that the instant lease agreement was terminated as the delivery of the copy of the complaint of this case. The duplicate of the complaint of this case was served on July 10, 2017 on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the facts of the judgment on the ground of the Plaintiff’s claim, the instant lease agreement was lawfully terminated on the grounds that the Defendant’s remainder of the lease deposit and the monthly overdue payment were not paid, barring any special circumstance, the Defendant delivered the instant building to the Plaintiff, and was in arrears until the date of the instant lawsuit ( April 21, 2017).