1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 1,3750,000 won and June 28, 2020

1. Basic facts

A. On June 27, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as KRW 20 million from June 28, 2019 to June 27, 2020 with respect to the real estate listed in the separate sheet owned by the Plaintiff, which is a housing (hereinafter “instant real estate”), respectively, by setting the lease term as KRW 12.5 million from June 28, 2019 to June 27, 2020.

According to the above lease contract, if the lessee fails to pay the rent more than twice consecutively, the lessor can terminate the above lease contract immediately.

B. After that, the Defendant did not fully pay the rent from July 28, 2019, and the Plaintiff notified the Defendant of the termination of the said lease agreement on the ground of the termination thereof on May 15, 2020.

C. By June 27, 2020, the Defendant did not pay 13750,000 won for rent (inward unjust enrichment) until June 27, 2020, and currently occupied and used the instant real estate.

[Grounds for Recognition: The descriptions of Evidence Nos. 1, 2, and 4 and the purport of the whole pleadings]

2. Determination

A. (1) Article 640 of the Civil Act provides that a lessor may terminate a contract when the annual rent of a building lessee reaches the two-year rent. The above content of the lease appears to be the same purport. According to the above facts, the above lease contract was lawfully terminated by the Plaintiff’s declaration of termination on the ground that the rent is overdue.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

(2) On the other hand, the Defendant asserts that the rent in arrears falls short of the lease deposit, and thus, it cannot be deemed that the rent in arrears was overdue. However, even if the lease deposit is granted to the lessor, the lessor may freely choose whether the rent in arrears is appropriated from the lease deposit while the lease relationship is in progress, and therefore the lessee is therefore the lessee.