A. On May 25, 2016, the Plaintiffs: (a) leased the instant real estate amounting to KRW 20,000,000; (b) from June 22, 2016 to June 21, 2018; (c) monthly rent of KRW 1,200,000 (hereinafter “instant lease agreement”); and (d) around that time, the Defendant paid the said security deposit to the Plaintiffs.

B. After November 22, 2016, the Defendant did not pay to the Plaintiffs the instant lease agreement, and the Plaintiffs expressed their intent to terminate the instant lease agreement on the grounds that the Defendant was in arrears for more than two occasions through the instant complaint. The duplicate of the instant complaint reached the Defendant on August 3, 2017.

C. Even after the termination of the instant lease agreement by the Plaintiff, the Defendant occupied and used the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, significant facts in this court, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement terminated on August 3, 2017 according to the Plaintiff’s declaration of termination. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and to pay rent or unjust enrichment equivalent to the monthly rent of KRW 1,200,000 from November 23, 2016 to the date the delivery of the instant real estate was completed.

3. Judgment on the defendant's simultaneous performance defense

A. The defendant asserts that the plaintiff cannot comply with the plaintiff's request for extradition until the deposit amount of KRW 20,000,000 is returned from the plaintiff, and the plaintiff asserts that the plaintiff should deduct the overdue rent, unjust enrichment of the rent party, and overdue expenses from the deposit to be refunded.

B. Determination 1: (a) the Defendant paid KRW 20,000,000 to the Plaintiffs under the instant lease agreement; and (b) the fact that the instant lease agreement terminated on August 3, 2017 is as seen earlier, and thus, the Plaintiffs are accordingly.