1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the overdue rent and the claim for restitution of unjust enrichment is revoked.

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. The Plaintiff and the Selected D (hereinafter collectively referred to as “Plaintiffs”) hold 1/2 shares of the fourth floor F of the building in Suwon-gu, Busan (hereinafter referred to as “instant building”) respectively.

B. Although the plaintiffs are stipulated in the evidence No. 2 lease agreement No. 40,000 lessors, the plaintiffs are not in dispute between the parties.

On May 15, 2017, the building of this case was leased to the Defendant with a lease deposit of KRW 50,00,000, KRW 2,420,000 per month, KRW 2,420,00 per month, monthly payment date (including value-added tax), and the lease period of this case from June 15, 2017 to June 14, 2021, respectively.

(hereinafter “instant lease agreement”). C.

Since the Defendant was in arrears with the rent from October 2017, the Plaintiffs notified on April 16, 2018 that the contract will be terminated without a separate notice if the overdue payment is not made until April 30, 2018 by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ assertion 1) Since the instant lease agreement was terminated on April 30, 2018 due to the Defendant’s delinquency in payment of rent, the Defendant ought to deliver the instant building to the Plaintiffs. 2) Moreover, the Defendant’s claim as from October 15, 2017 to May 14, 2018 (==2,420,000 won + 2,420,000 won x 7 months) and from May 16, 2018.

From the date of delivery of the building of this case to the date of delivery, unjust enrichment from the use and profit-making of the building of this case shall be paid.

3. The Defendant asserted that the delivery of the instant building and the return of the lease deposit are in simultaneous performance relationship, and the said lease deposit is claimed as a counterclaim to pay KRW 33,060,000 remaining after deducting the above overdue rent of KRW 16,940,000 from the lease deposit. However, the actual deposit of the instant lease contract is limited to KRW 37,00,000.