A. On October 28, 200, the Defendant leased the instant real estate at KRW 10,092,00,000 from the Korea Real Estate Trust Co., Ltd., which was the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) on October 28, 200, by setting the deposit amount of KRW 165,120 per month.

In addition, in relation to the above lease agreement, the defendant completed the registration of the establishment of the lease right (hereinafter "the lease right registration of this case") in Suwon District Court, Sung-nam Branch of Gwangju District Court on January 21, 2002 by the receipt No. 3896 on January 21, 2002.

B. On May 18, 2006, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate on December 20, 2006.

On the other hand, the defendant returned the real estate of this case to the plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts, since the defendant's lease contract was terminated on the grounds of the expiration of the period of validity or the return of the defendant's real estate, the defendant is obliged to cancel the lease registration of this case to the plaintiff who is the owner of the real estate of this case.

On the other hand, the defendant asserts that the plaintiff's request cannot be accepted until he receives 10,092,000 won of lease deposit, or that the plaintiff's request constitutes an abuse of rights.

First, we look at the defendant's assertion of refund of deposit.

Unless the defendant proves that he has paid rent or management expenses to the lessor, the rent, etc. that the defendant should have paid is deducted from the deposit when he returns the real estate in this case.

Meanwhile, as long as the unpaid rent and management fee (see evidence A 2) of the Defendant based on August 11, 2006 during the period during which the Defendant possessed the instant real estate, or as of August 11, 2006, appears to exceed the Defendant’s deposit, the Defendant’s deposit at the time of returning the instant real estate.