1. From 8,00,000 to 1.th day of November 1, 2017, the Defendant’s delivery of real estate listed in the separate sheet from the Plaintiff to 8,000,000 won.

1. Determination as to the cause of claim

A. A. Around May 2015, the Plaintiff, as the owner of the real estate listed in the separate sheet, leased the said real estate to the Defendant by setting the lease deposit amounting to KRW 30 million, KRW 1 million per month, and KRW 1 million from June 1, 2015 to June 1, 2017. (2) On May 31, 2016, the Plaintiff returned the above lease deposit to the Defendant, and KRW 5 million from the above lease deposit to KRW 25 million, and the other details were re-established the lease contract as in the previous agreement.

3) From June 1, 2016, the Defendant did not pay the Plaintiff the rent under the said lease agreement. (4) The Plaintiff sent the mail verifying the contents of the said lease agreement to the Defendant on February 13, 2017 on the grounds of the overdue rent for at least three years, and requested the delivery of the said real estate by notifying the Defendant of the termination of the said lease agreement.

[Ground for recognition] Unsatisfy, Gap evidence 1 and 2

B. According to the facts of the above recognition, the above lease agreement was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s failure to pay more than three rents.

Therefore, the Defendant is obligated to deliver the said real estate to the Plaintiff simultaneously with receiving the remainder of the money calculated by deducting the amount equivalent to the overdue rent or the amount of unjust enrichment or the amount of compensation equivalent to the overdue rent from the Plaintiff (the amount calculated at the rate of KRW 17 million in total from June 1, 2016 to October 31, 2017 and KRW 1 million in each month from November 1, 2017 to the delivery date of the said real estate) from the amount equivalent to the overdue rent or the amount of compensation in arrears from the Plaintiff KRW 25 million.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that ① paid KRW 20 million in premium with respect to real estate listed in the separate sheet, and thus, the Defendant did not cooperate with the Plaintiff even though the Plaintiff had the opportunity to recover the premium, and ② it is unreasonable to deduct unjust enrichment equivalent to rent after the termination of the lease contract period from June 1, 2017.

B. However, for the following reasons, the defendant's argument can be accepted.