1. From July 25, 2018 to the completion date of delivery of real estate listed in the attached Table, the Defendant shall be from the Plaintiff’s KRW 10 million to July 25, 2018.

1. Facts of recognition;

A. On July 21, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting a deposit of KRW 20 million and KRW 1 million per month for the real estate listed in the separate sheet (hereinafter “instant housing”).

(hereinafter “instant lease agreement”). B.

The defendant did not pay rent after October 2017, and on July 22, 2018 and September 17, 2018, the plaintiff notified the defendant that the lease contract will be terminated on the grounds of the rent delay.

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

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease contract was terminated due to the Plaintiff’s declaration of termination, barring any special circumstance, the Defendant is obligated to transfer the instant house to the Plaintiff, and return unjust enrichment equivalent to the rent calculated by the rate of one million won per month from July 25, 2018 to July 24, 2018, including the rent in arrears, and the rent in arrears, calculated by the rate of one million won per month from July 25, 2018 to the completion date of delivery of the said house.

(Plaintiff sought payment of the amount of unjust enrichment calculated at the rate of 1.3 million won per month after July 25, 2018. However, since the amount of profit from the occupation and use of real estate is ordinarily equivalent to the rent of the real estate, the amount of profit from the occupation and use of the real estate is not accepted as there is no basis to recognize the claim for unjust enrichment exceeding one million won per month under the instant lease agreement.

The defendant raises a defense to the effect that the judgment on the simultaneous performance defense of the defendant is simultaneously liable to deliver the house of this case with the refund of deposit 20 million won.

Meanwhile, the security deposit received from the real estate lease guarantees all the obligations of the lessee due to the lease, such as the rent and the liability for damages incurred by the destruction or loss of an object, etc. The amount equivalent to such security obligation is naturally from the security deposit without any separate declaration of intention when the object is returned after the termination of the lease relationship, except in extenuating circumstances.