The Defendant, as the Plaintiff

A. At the same time, the Plaintiff received KRW 20,000,000 from the Plaintiff, real estate listed in the attached Table.

1. Facts of recognition;

A. On January 13, 2017, D, the former owner of the instant real estate, entered into a lease agreement between the Defendant and KRW 20 million for the instant real estate, KRW 500,000 per month for rent (prepaid payment on January 17, 2017) and the term of lease from January 17, 2017 to January 16, 2019 (hereinafter “instant contract”). Around that time, D, the former owner of the instant real estate, received KRW 20 million from the Defendant’s deposit and handed over the instant real estate.

B. On March 6, 2017, the Plaintiff acquired the instant real estate from D, and succeeded to the lessor’s status of the instant contract.

C. The Defendant paid KRW 100,000 out of the rent to be paid on July 17, 2019 to him/her on August 20, 2019 is occupying and using the instant real estate without paying the rent entirely from August 17, 2019 until the date of closing argument.

The Plaintiff notified the termination of the instant contract by serving a copy of the instant complaint on the grounds of the Defendant’s delinquency in rent.

2. Determination

A. According to the above facts, the instant contract was lawfully terminated on December 24, 2019, clearly stating that it is the delivery date of a copy of the complaint of this case, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances.

Therefore, the defendant defense that the defendant cannot respond to the request for extradition of the real estate of this case from the plaintiff until he redeems the deposit. Thus, the defendant paid the plaintiff the deposit amount of KRW 20 million as mentioned above. Since the lessee's duty to return the leased object and the duty to return the deposit of the lessor at the time of termination of the lease are in the simultaneous performance relationship, the defendant is obligated to deliver the real estate of this case at the same time as the plaintiff receives KRW 20 million from the plaintiff.

B. The Defendant’s claim for return of unjust enrichment equivalent to the rent from rent to rent is KRW 400,000 ( KRW 500,000 - KRW 100,000 paid on August 20, 2019) as of July 17, 2019.