1. The Defendant’s KRW 10,00,000 from the Plaintiff to the completion date of the delivery of the real estate indicated in the separate sheet from August 26, 2015.

1. Determination as to the cause of claim

(a) The following facts are not disputed between the Parties:

(1) On March 6, 2015, the Plaintiff entered into a contract with the Defendant to lease real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with the lease deposit of KRW 10 million, monthly rent of KRW 50,000,000, and the lease period of KRW 550,000,000 for two years from March 26, 2015 (hereinafter “instant lease contract”).

(2) The Defendant paid KRW 10 million to the Plaintiff, and occupied and used the instant real estate from March 26, 2015, and did not pay monthly rent from August 26, 2015 to the Plaintiff.

(3) Accordingly, on May 11, 2016, the Plaintiff terminated the instant lease agreement on the ground that the Defendant was not paid monthly rent for at least eight months.

“The notice was given, and the notice was sent to the Defendant at that time.

B. According to the above facts, the lease contract of this case was lawfully terminated upon the plaintiff's notice of termination on the ground that the lease contract of this case was not paid monthly rent of at least two months.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and the Defendant is obligated to pay to the Plaintiff the amount calculated by applying the rate of KRW 50,00 per annum from August 26, 2015 to the date of delivery of the instant real estate due to unpaid rent or unjust enrichment equivalent to the monthly rent from August 26, 2015 to the date of delivery of the instant real estate.

I would like to say.

2. Judgment on the defendant's defense

A. As to this, the defendant's defense to the effect that he would deliver the real estate of this case at the same time with the return of the remaining money after deducting the amount of the rent accrued during the period of possession from the amount of 10 million won from the amount of the above lease deposit or the amount of unjust enrichment equivalent to the same amount.

B. Therefore, in a case where the lease contract is terminated, the lessor deducts the lessee from the “the amount of all the claims, such as the unpaid rent due during the lease period.”