1. On November 14, 2016, the Defendant, among the real estate indicated in the attached Form, shall have the right to use the land on the other side of 3 floors from the Plaintiff, with respect to the area of 46.28 square meters.

Basic Facts

On November 14, 2016, the Plaintiff entered into a contract to lease on a deposit basis (hereinafter referred to as “instant contract”) with the Defendant on a deposit basis (hereinafter referred to as “the lease on a deposit basis”) of KRW 40,000,000 (hereinafter referred to as “the lease on a deposit basis”) over the third south-story C, 46.28 square meters (hereinafter referred to as “the lease on a deposit basis”) among the real estate listed in the separate sheet owned by the Defendant (hereinafter “the instant house”), and the period from November 11, 2016 to November 10, 2018. The fact that the Plaintiff paid the instant lease on a deposit basis to the Defendant around that time, the fact that the registration of the lease on a deposit basis was completed as of November 14, 2016 by the receipt of No. 29538, does not conflict between the parties, or that it is recognized by the purport of the entire pleadings as a whole.

Judgment

According to the above facts of determination on the cause of the claim, the instant contract was terminated on November 10, 2018, and thus, barring any special circumstance, the Defendant is obligated to return the deposit money to the Plaintiff.

The Defendant’s defense regarding the Defendant’s defense should be deducted from the monthly rent of KRW 564,725, the electricity rate of KRW 478,085, the water rate of KRW 450,00, the recovery cost of KRW 300,000, the aggregate of KRW 1,792,810, from October 2016 to December 2016.

On the other hand, the Defendant’s remaining obligation to return the lease deposit is concurrently with the Plaintiff’s obligation to cancel the registration of lease on a deposit basis and to cancel the registration of provisional attachment (the provisional attachment registration completed as of January 28, 2019 by the court No. 1910 on the instant housing upon receipt of the provisional attachment order as of January 28, 2019).

Judgment

The key money for the defense of the deduction has the nature of the deposit, and the claim arising from the lease relationship such as the plaintiff's unpaid management fee, etc. is deducted from the key money of this case.

The plaintiff is the plaintiff in relation to the electricity fee of KRW 564,725, water rate of KRW 478,085.

For the period from October 2016 to December 2016, 450.