1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 50 million from the plaintiff at the same time.

1. Basic facts

A. On December 23, 2013, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff as to the instant real estate, which was owned by the Plaintiff, with a deposit of KRW 50 million, KRW 900,000,000 per month (payment in advance on January 25, 201), and the term of lease from January 25, 2014 to January 24, 2016, and agreed that the Plaintiff may immediately terminate the lease agreement if the Defendant delays to pay for two or more vehicles (hereinafter “instant lease agreement”), and the Plaintiff transferred the said real estate to the Defendant under the said agreement.

B. However, the Defendant’s payment to the Plaintiff from May 25, 2015 to the same year.

7. The Plaintiff did not pay a three-month rent of KRW 2.7 million up to the payment made on July 3, 2015. As such, the Plaintiff was in arrears with the Defendant on July 3, 2015, the lease agreement on the instant real estate is terminated.

“A notice to the effect that” was given, and the Defendant received the above notice on or around the seventh day of the same month.

C. The defendant occupies and uses the real estate of this case until now.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the above lease agreement between the Plaintiff and the Defendant is deemed to have been lawfully terminated on July 7, 2015, and the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent from May 25, 2015 to May 25, 2015, and pay the said real estate rent at the rate of KRW 900,000 per month as the return of unjust enrichment equivalent to the rent from the termination to the completion date of delivery of the said real estate.

B. As to the Defendant’s assertion of breach of the duty of repair 1 regarding the Defendant’s assertion, the Defendant requested the Plaintiff to present the conclusion that occurred around January 2015 regarding the instant real estate, and to repair the inundation and the repair of the relevant defects arising from the outdoor interior water leakage that occurred around June 20, 2015.