The defendant shall receive KRW 84,584,558 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

1. Basic facts

A. On October 31, 2016, the Plaintiff leased the instant real estate to the Defendant by setting the lease deposit of KRW 100 million, monthly rent of KRW 1100,000 (in advance on January 5, 2017) and the lease term from January 5, 2017 to January 4, 2019. The lease term on December 5, 2018 was renewed from January 5, 2019 to January 4, 2021.

(hereinafter “instant lease agreement”). B.

The Defendant did not pay to the Plaintiff the monthly rent for six months from March 5, 2019 to September 4, 2019 and the monthly rent from December 2019 to December.

C. Around January 7, 2020, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the grounds of the delinquency in rent, and the above content certification reached the Defendant around that time.

On July 4, 2020, the unpaid monthly rent and unjust enrichment are KRW 15,415,442.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts, the instant lease agreement was terminated on January 7, 2020 by the Plaintiff’s notice of termination on January 7, 2020, on the ground of the Defendant’s delinquency in paying two or more rents. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance. 2) The Defendant’s simultaneous performance defense at the same time, barring any special circumstance, is not allowed to deliver the instant real estate to the Plaintiff until the deposit paid under the instant lease agreement was returned.

The Defendant’s obligation of the instant real estate forest road and the Plaintiff’s obligation to return the lease deposit are simultaneously performed in accordance with the instant lease agreement. In the lease agreement, the lease deposit guarantees all the lessee’s obligations arising from the lease after the termination of the lease agreement until the delivery of the object to the lessor, and the amount equivalent to the secured obligation is after the termination of the lease agreement.