1. The Defendant shall deliver 122.875 square meters among the 1st floor of the building indicated in the attached sheet from the Plaintiff, and simultaneously simultaneously with the Plaintiff 587,00.

1. Facts of recognition;

A. On October 30, 201, the Plaintiff leased a lease deposit of KRW 730,00,000, monthly rent of KRW 4,400,000 (including value-added tax) (including value-added tax) from the Defendant from among the first floor of the building attached to the attached Table (hereinafter “instant building”) from the Defendant during a period of two years from October 31, 201 to October 31, 2013 (hereinafter “the instant lease”).

B. On November 1, 201, pursuant to the instant lease agreement, the Plaintiff paid the Defendant a deposit for the lease, and was handed over by the Defendant.

C. On October 22, 2014, the Defendant expressed to the Plaintiff that the instant lease agreement will be terminated on the grounds of the delinquency in payment of rent for not less than two months (hereinafter “instant rescission”), and the said declaration of intent reached the Plaintiff around that time.

The sum of the overdue rent and unlawful gains equivalent to the rent that the Plaintiff did not pay to the Defendant by January 14, 2015 is KRW 143,000,000 ( KRW 4,400,000 per month including value-added tax).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully rescinded around October 22, 2014 following the Defendant’s declaration of intent to rescind the instant lease.

In addition, since the Plaintiff’s duty to deliver the instant building and the Defendant’s duty to return the lease deposit are in the simultaneous performance relationship, the Defendant is obligated to pay the Plaintiff the remainder of the amount calculated by deducting the amount of unjust enrichment calculated at the rate of KRW 4,400,00,00 from January 14, 2015 to the completion date of delivery of the instant building (i.e., lease deposit KRW 730,000,000) at the same time as the Plaintiff received the instant building from the Plaintiff (i.e., lease deposit KRW 143,000,000).

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.