From April 18, 2020 to the completion date of delivery of real estate stated in the attached Table from 5,920,000 to 5,920,000 won.

1. Basic facts

A. On October 12, 2017, the Plaintiff leased real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 10 million, KRW 680,000 per month, KRW 680,000 per month, and the lease term from October 18, 2017 to October 17, 2019.

(hereinafter “instant lease agreement”). The Defendant paid the lease deposit to the Plaintiff at around that time and began to reside with the delivery of the instant real estate.

B. The instant lease term was renewed once, and the Defendant did not pay the vehicle from October 18, 2019.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Determination

A. According to the above facts, since the defendant did not pay more than two vehicles, the lease contract of this case was lawfully terminated on April 12, 2020, where the copy of the complaint of this case containing an expression of intent to terminate the lease contract on the grounds of delinquency in rent, was delivered to the defendant.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the amount calculated by applying the rate of KRW 680,000 per month to the unpaid rent or unjust enrichment equivalent to the rent from October 18, 2019 to the completion date of delivery of the said real estate.

B. The defendant asserts that the plaintiff cannot accept the plaintiff's claim until he receives a refund of KRW 10 million of the lease deposit paid to the plaintiff.

The Defendant paid a lease deposit to the Plaintiff under the instant lease agreement, and the fact that the instant lease agreement was terminated and terminated is as seen earlier. Therefore, barring any special circumstance, the Plaintiff is obligated to refund the said lease deposit to the Defendant, and the Plaintiff’s obligation to return the lease deposit and the Defendant’s obligation to return the instant building are in simultaneous performance relationship.

On the other hand, the security deposit received in the lease of real estate is the rental fee and the compensation liability for damage caused by destruction or damage of the object.