1. The defendant shall be the plaintiff.

(a) deliver 7 stories C heading 139.76 square meters among the real estate listed in the attached list;

(b) 7,431,840 Won;

1. Determination

A. Although there is no dispute between the parties, or comprehensively taking account of the purport of the entire argument in the evidence Nos. 1 through 4, it can be acknowledged that the plaintiff served a copy of the complaint of this case on the ground that the plaintiff did not pay rent and management expenses, and that the plaintiff expressed his intention to cancel the lease contract between the plaintiff and the defendant

B. According to the above facts, since the above lease contract is deemed to have been lawfully rescinded, the defendant is obligated to deliver to the plaintiff the 7th floor C heading 139.76 square meters of the building indicated in the attached Table with the restoration to its original state. The defendant is obligated to pay to the plaintiff the overdue management fee of KRW 7,431,840 and the delay damages calculated at the rate of 15% per annum from September 22, 2018 to the day of full payment. The above lease contract is obligated to pay the rent of KRW 700,000 per annum from September 14, 2017 to the day of the completion of delivery of the above real estate.

C. The plaintiff asserts that the defendant did not pay the deposit amount of KRW 3.5 million under the lease agreement, and that the defendant is obligated to pay the above KRW 3.5 million to the plaintiff.

In light of the above legal principles, the security deposit received in the lease of real estate guarantees all the obligations of the lessee arising from the lease, such as the rent and the liability for damages arising from the loss of, damage to, etc. of the object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, unless there is any special circumstance when the object is returned after the termination of the lease relationship (see, e.g., Supreme Court Decision 2004Da5654, Dec. 23, 2004). In light of the above legal principles, if the above lease was cancelled, if the Defendant paid the security deposit, then the Plaintiff would return the remainder after deducting the rent and management fee in arrears from the security deposit. Since the Defendant did not pay the deposit itself to the Plaintiff, the Plaintiff seeking payment of the security deposit amount of KRW 3