The judgment of the first instance court is modified as follows. A.

The defendant is from July 21, 2020 to 3 million won from the plaintiff.

1. The following facts are not disputed between the parties or may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, 8, and 10:

On February 21, 2015, the Plaintiff leased the instant commercial building to the Defendant for a two-year period from February 21, 2015, starting from February 21, 2015 to February 20, 2017.

(hereinafter referred to as the “instant lease contract”) between the Defendant and the Defendant.

Even after the expiration of the lease term, the instant lease agreement was explicitly renewed every year, but the Plaintiff sent a certified mail to the effect that it refuses to renew the instant lease agreement on January 7, 2020, one month prior to the expiration of the lease term implicitly renewed, and the mail reached the Defendant following the date.

C. By July 20, 2020, the Plaintiff was a person who received unjust enrichment equivalent to rent or rent under the instant lease agreement from the Defendant.

2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case terminated on February 20, 2020 upon the plaintiff's rejection of renewal, the defendant bears the obligation to return the commercial building of this case to the plaintiff, and the plaintiff bears the obligation to return the money remaining after deducting the amount of overdue rent or unjust enrichment equivalent to the rent accrued until the completion of delivery of the commercial building of this case from the deposit for lease, and both obligations are simultaneously performed.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder after deducting the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 250,000 per month from July 21, 2020 to the completion date of the delivery of the instant commercial building from July 25, 2020, which is the day following the date of the Defendant’s final payment of rent of KRW 3 million from the Plaintiff’s deposit.

3. The defendant's assertion is decided upon his/her request.