1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Basic Facts

On December 16, 2015, the Plaintiff leased the real estate listed in the attached list (hereinafter referred to as “instant building”) to the Defendant as KRW 10,000,000 per month during which the lease term was from December 30, 2015 to December 29, 2017, and KRW 10,000 per month.

(hereinafter “instant lease agreement”). The Defendant received the instant building around January 2016 due to the delayed repair of the instant building, and paid the lease deposit amount of KRW 5 million.

The Defendant paid KRW 150,000 per month to the Plaintiff during the lease period under the instant lease agreement.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, and the facts of the above recognition as to the ground for a claim as a whole of the pleadings, the lease contract of this case terminated on December 29, 2017, and thus, the defendant is obligated to deliver the building of this case to the plaintiff as restitution.

The main point of the defendant's argument concerning the defendant's argument is that the defendant cannot respond to the plaintiff's claim until the plaintiff receives full refund of five million won deposit from the plaintiff.

Judgment

The Defendant paid KRW 5 million to the Plaintiff as the lease deposit under the instant lease agreement, although there is no dispute between the parties, it shall be calculated based on the amount of unjust enrichment equivalent to the rent for 12 months from December 30, 2017 to December 29, 2018, as recognized earlier, since the Defendant paid the Plaintiff a monthly rent of KRW 150,000 per month during the lease term, the unpaid rent of KRW 5 million to the Plaintiff, and the amount of unjust enrichment equivalent to the rent from the expiration date of the lease term until the closing date of argument in this case.

[3] The Defendant’s above assertion is difficult to accept, since there is no security deposit for lease remaining after deduction.

As to this, the defendant.