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The Defendant, as the Plaintiff
A. From 35,00,000 won to 35,000 won, real estate listed in the separate sheet from April 5, 2020.
Reasons
1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff entered into a lease agreement with the Defendant on April 5, 2019, setting the lease deposit of KRW 35 million and KRW 3.5 million per month in rent (hereinafter “instant lease agreement”). The Plaintiff delivered the instant real estate to the Defendant around that time. The Defendant did not pay the Plaintiff rent after the conclusion of the instant lease agreement from April 5, 2020, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of rent delay on June 16, 202.
According to the above facts, the lease contract of this case was terminated on June 16, 2020 according to the plaintiff's declaration of termination due to the defendant's delayed delay. Thus, barring any special circumstance, the defendant is obligated to deliver the real estate of this case to the plaintiff, and return the unjust enrichment from April 5, 2020 to the completion date of delivery of the real estate of this case from April 5, 2020 to the delivery date of the real estate of this case.
2. The defendant's defense is a defense of simultaneous performance that the plaintiff cannot respond to the plaintiff's claim until the amount of overdue rent or unjust enrichment deducted from the lease deposit is returned. Thus, in the lease contract, the lease deposit guarantees all the lessee's obligations arising from the lease between the termination of the lease contract and the delivery of the object to the lessor. Such obligations are naturally deducted from the deposit without a separate declaration of intention unless special circumstances exist when the object is returned after the termination of the lease contract (see, e.g., Supreme Court Decision 99Da50729, Dec. 7, 199). The lessor's obligation to return the lease deposit is terminated when the lease relationship terminates.