1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The plaintiff (Counterclaim defendant)'s claim expanded in the trial is dismissed.

1. The scope of the trial at the court of first instance held that the Plaintiff filed a suit by combining the amount of money in proportion to KRW 5,296,90, and KRW 505,275 per month from September 6, 2014 to the time of delivery of the instant real estate, and the Plaintiff filed a counterclaim for the return of the lease deposit. The part of the delivery of the instant real estate in the claim for the counterclaim is deemed to have been partially dismissed due to the Defendant’s simultaneous performance defense, and the portion of the return of unjust enrichment equivalent to the rent was partially dismissed, and the counterclaim was partially dismissed.

However, it is evident that only the plaintiff files an appeal against the judgment of the court of first instance.

Therefore, only the claims (including the claims expanded in the trial) are subject to the judgment of this Court.

2. The grounds for the court’s explanation concerning this case are as follows, except the reasoning for the court’s determination on a claim expanded in the trial, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination as to the claim expanded in the trial

A. From January 2009, the Defendant did not pay at all unjust enrichment equivalent to the rent for the instant real estate from January 1, 2009, and the lease deposit amount of KRW 25,000,000 was all extinguished as of March 15, 2014.

Therefore, from March 16, 2014 to July 31, 2015, the Defendant is obligated to pay to the Plaintiff the sum of KRW 10,725,000 (=650,000 per month of unjust enrichment equivalent to the rent + KRW 400,00 per month of unjust enrichment + interest for delay in accordance with the rate of 1% per month of the extinguished deposit + KRW 250,00 per month of interest for delay in arrears) calculated by the Plaintiff.

(The part in excess of the amount calculated at the rate of KRW 505,275 per month from September 6, 2014 to the time of the delivery of the instant real estate is extended at the trial. In addition, the Defendant’s portion from November 2012 to February 6, 2013 to the Plaintiff.