Of the monetary payment in the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below.

1. Facts of recognition;

A. On July 25, 2017, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 30,00,000,000, monthly rent of KRW 1,600,000, and the contract term from August 21, 2017 to April 9, 2019 (hereinafter “instant lease agreement”).

B. Article 4 of the instant lease agreement provides that “In the event that the lessee’s delayed delay falls short of the amount of two rents or violates Article 3, the lessor may immediately terminate the instant lease agreement.”

C. As of April 20, 2018, the Defendant’s overdue rent is KRW 6,400,000 ( KRW 1,600,000 x 4 months) and the overdue management fee is KRW 858,900 in total.

The Plaintiffs expressed their intent to terminate the instant lease agreement by serving a written complaint of this case on the grounds that the deferred amount of rent reaches the amount of two rents, and the instant warden was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the delivery of the instant real estate and the claim for arrears in rent, the instant lease agreement was lawfully terminated by the Plaintiffs’ declaration of intent to terminate the lease agreement.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiffs, and pay the rent of this case or unjust enrichment for rent of 1,600,000 won per month from April 21, 2018 to April 21, 2018.

B. 1) The plaintiffs' assertion that the management expenses in arrears are overduely paid to the plaintiffs a total of 858,900 won of the management expenses in arrears. 2) The fact that the defendant's overdue management expenses in arrears was 858,900, is acknowledged as above, but the plaintiffs paid the above overdue management expenses on behalf of the defendant.

In the instant lease agreement, management expenses are directly paid to the Plaintiffs.