1. The defendant shall deliver the underground floor of the Seo-gu Seoul building in Gwangju, Seo-gu, 55,050 square meters from the plaintiff at the same time.

Facts of recognition

On March 26, 2012, the Plaintiff concluded a lease agreement with the Defendant to lease the building specified in the main text of paragraph (1) (hereinafter “instant building”) as KRW 50 million, monthly rent of KRW 4,500,000 (excluding value-added tax), and the period “from May 1, 2012 to April 30, 2014 (24 months).” As a special agreement, the Plaintiff provided that “the additional deposit of KRW 50 million shall be deposited by the end of February 2013, and the monthly rent of KRW 4,00,000 shall be adjusted at the same time.”

On April 2012, the Plaintiff received the instant building from the Defendant, and commenced business around May 2012, and around that time, paid KRW 50 million to the Defendant.

On April 30, 2013, the Plaintiff paid additional deposit of KRW 50 million to the Defendant. Accordingly, from May 1, 2013, the lease relationship between the Plaintiff and the Defendant was changed into KRW 100 million, monthly rent of KRW 4 million (excluding value-added tax).

On February 10, 2014, the Plaintiff notified the Defendant that he/she had no intent to renew the instant building lease agreement, and on April 30, 2014, the lease relationship between the Plaintiff and the Defendant was terminated at the expiration of the term.

As of April 30, 2014, the sum of the monthly rent that the Plaintiff has not paid to the Defendant is KRW 40,450,000, and the sum of the unpaid management fees is KRW 4,500,000.

The Plaintiff did not operate the instant building from April 30, 2014 to the date of closing the argument in this case.

【In the absence of dispute, the Plaintiff leased the instant building from the Defendant and paid a total of KRW 100 million to the security deposit. The lease relation of the instant building terminated on April 30, 2014, and the Plaintiff’s rent and management fee (=44,950,000 won (=40,450,500 won) due to unpaid rent and management fee (=450,500 won) are recognized as above. Thus, barring any special circumstance, the Defendant, barring any special circumstance, deducted the rent and management fee in arrears from the lease deposit, 55,050,000 =10,000,000 won (=100,000 won).