1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 9,027,00 from the Plaintiff, real estate stated in the attached Table.

1. Determination as to the cause of claim

A. On February 25, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the attached list (hereinafter “instant real estate”) with the terms that deposit amount is KRW 15,00,000, monthly rent is KRW 1,650,000 (including value-added tax, and monthly rent is KRW 30,00,00; the lease period is determined from March 2, 2016 to March 1, 2017.

On March 2, 2016, the Plaintiff handed over the instant real estate to the Defendant.

The defendant did not pay the plaintiff monthly rent after July 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

B. According to the above findings of the determination, the Plaintiff may terminate the instant lease agreement on the grounds of the failure to pay two or more rents, and the instant lease agreement was terminated on October 31, 2016, clearly stating that the date on which the copy of the complaint of this case stating the Plaintiff’s declaration of termination was served on the Defendant.

Therefore, barring any special circumstance, the Defendant is obliged to pay the Plaintiff the remainder after deducting the unpaid rent from the deposit, at the same time, to deliver the instant real estate to the Plaintiff, and to pay unjust enrichment equivalent to the rent by the date of the completion of the delivery.

Inasmuch as the Plaintiff deducted the unpaid rent from the deposit to October 20, 2016, the unpaid rent is KRW 6,075,616, and the obligation to return the deposit is clear in calculating the amount of KRW 8,924,384 (i.e., KRW 15,00,000, KRW 6,075,616). Thus, the Defendant is obligated to receive the Plaintiff’s reimbursement of KRW 9,027,00 from the Plaintiff in excess of the above amount and deliver the instant real estate to the Plaintiff at the same time, and the Defendant is obligated to pay the Plaintiff the rent of KRW 1,650,00 from October 21, 2016 to the completion date of delivery of the said real estate or the amount of unjust enrichment equivalent to the rent of KRW 1,650,00 from October 21, 2016.

It is so long as the defendant contests the existence of the obligation to deliver real estate.