1. From 12,50,000 to 200 won, the Defendant shall deliver the real estate listed in the separate sheet from January 20, 2015 to the completion date.

Basic Facts

On December 9, 2013, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant with the lease term from January 20, 2014 to January 19, 2016, and the lease deposit amount of KRW 30,000 for the lease deposit, and KRW 2,500 for the monthly rent of KRW 2,00 for the lease (payment in advance on January 20, 201).

(hereinafter “instant lease agreement”). From January 20, 2014 to September 20, 2014, the Defendant paid only 12,500,000 won (=2,500,000 won x 5) for five months to the Plaintiff during nine months.

On October 3, 2014, the Plaintiff notified the Defendant of the termination of the instant lease on the ground of the delinquency in rent.

[Ground of recognition] The lease agreement of this case was legally terminated on October 3, 2014 in accordance with Article 640 of the Civil Act, based on the non-contentious facts, the entries in Gap's evidence Nos. 1 through 5 (including additional numbers), and the overall purport of the pleading.

The security deposit received in the lease of real estate provides a lessee with all the obligations arising from the lease, such as the rent and the liability for damages arising from the destruction, damage, etc. of an object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, unless there is any special circumstance when the object is returned after the termination of the lease relationship (see Supreme Court Decision 9Da50729, Dec. 7, 199). Therefore, the Defendant shall pay the Plaintiff the rent in arrears from January 20, 2014 to December 20, 2014; the amount calculated by deducting the amount of unjust enrichment from the lease deposit to the Plaintiff at the same time by the rate of 17,50,500,000 won (the amount of unjust enrichment after October 3, 2014, which is the date of termination of the lease contract in this case, can be confirmed as being equal to the amount of KRW 2,50,000, 200, 205, 20050).