1. At the same time, the Defendant shall deliver the Category D of the building in Gwangju City from the Plaintiff at KRW 38,950,000 to the Plaintiff on February 1, 2019.

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 3, taking into account the whole purport of the pleadings:

On January 26, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) with the Defendant setting the term “instant building D” from February 10, 2017 to February 9, 2019, the lease deposit amount of KRW 40,000,000, and KRW 350,000 per rent,” with the Defendant to lease the instant building D (hereinafter “instant building”).

B. The Plaintiff paid KRW 40,000,000 as lease deposit under the instant contract, and notified the Defendant that he/she had no intent to renew the instant contract around October 2018 while residing in the instant building.

C. Meanwhile, the Plaintiff did not pay rent for three months prior to the expiration of the contract term of this case, and is residing in the building of this case until now.

2. The plaintiff asserts that since the defendant promised not to receive the rent after the contract period instead of returning the security deposit for the party, since the new tenant was not present after the termination of the contract of this case, the plaintiff asserts that the defendant would not receive the rent after the contract period. Thus, the defendant would seek the payment of the remainder of KRW 38,950,000 after deducting the sum of the overdue rent of KRW 1,050,000 from the lease deposit of KRW 40,000.

As alleged by the plaintiff, the defendant did not agree to exempt the rent after the expiration of the contract term of this case, and the plaintiff has been residing in the building of this case so far, and at the same time, there is a duty to return only the remaining deposit after deducting unjust enrichment equivalent to the rent after the expiration of the contract term.

On the other hand, the lessee's obligation to return the leased object arising from the termination of the lease contract and the obligation to return the remaining security deposit after deducting the lessor's default.