1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 26,00,000 won and July 22, 2017

1. Facts of recognition;

A. On June 20, 201, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 10,000,00,000, monthly rent of KRW 1,200,000 (payment after June 22, 201), and the period from June 22, 201 to June 21, 2012, respectively. The Defendant paid the Plaintiff KRW 10,000,000 under the said contract, and received the instant real estate from the Plaintiff.

B. The above lease contract was implicitly renewed several times, and the defendant has been using and making profits from the above real estate from the delivery date to the present date.

C. Around June 2016, the Defendant already exceeded the deposit amount, and the Plaintiff terminated the said lease contract on July 1, 2016.

On the other hand, as of July 21, 2017, the rent amounting to KRW 36,00,000 (=30 months x 1,200,000) after the Defendant’s rent or termination, which was not paid to the Plaintiff, is the total of KRW 30 months (=30 months x 1,200,

2. According to the facts found in the determination as to the cause of claim, since the above lease contract was lawfully terminated in accordance with the Plaintiff’s termination notice, the Defendant is obligated to deliver the instant real estate to the Plaintiff. Moreover, the Defendant is obligated to pay the Plaintiff the amount of damages equivalent to the rent calculated at the rate of KRW 36,00,000,000, in aggregate of the rent or the amount of damages equivalent to the rent from July 22, 2017 to July 22, 2017, and the amount of damages equivalent to the rent calculated at the rate of KRW 1,20,000, in total.

Therefore, the Defendant asserts that the above overdue rent, etc. should be deducted from KRW 10,00,00,000. Thus, even if the lease deposit has been paid to the lessor, the lessor may freely choose whether to cover the overdue rent from the lease deposit while the lease relationship is in progress. As such, the lessor is not automatically deducted from the lease deposit without any separate declaration of intention, such as deduction of overdue rent before the termination of the lease contract (see Supreme Court Decision 2011Da49608, Feb. 28, 2013).