1. The Defendant, from 38,507,080 won to 38,500 won, is the Plaintiff as to the building indicated in the separate sheet from July 10, 2018.

Facts of recognition

On July 7, 2010, the Defendant entered into a lease agreement with C (hereinafter “C”) on the instant apartment owned by C, with the term “45,423,00 won, monthly rent 22,700 won, and the term of lease from July 7, 2010 to July 9, 2012” (hereinafter “instant lease agreement”) and paid the lease deposit to C around that time.

The above contract rent was increased by 41,700 won per month around December 2011.

On January 13, 2012, the Plaintiff acquired the ownership of the instant apartment from C, and succeeded to the lessor’s status under the instant lease agreement.

On April 3, 2012, the Plaintiff sent a notice to the Defendant stating that “When the term of lease expires, the contract will be terminated, and the instant apartment will be delivered, and the deposit will be refunded.” At that time, the Plaintiff sent the above notice to the Defendant.

From July 10, 2012 to July 9, 2014, to July 10, 2014, to July 9, 2016, July 9, 2016, to July 9, 2016, to KRW 106,100, to KRW 152,600,100, to KRW 206,100, to KRW 45,423,00,00, to KRW 45,423,00, to the extent that the appropriate rent for the apartment of this case was set forth below.

[Grounds for recognition] In the absence of dispute, Gap evidence 1-37, Gap evidence 2-37, Eul evidence 5-21, Gap evidence 14-14, Eul evidence 5-1 and Eul evidence 5-2, and the court's entrustment of appraisal of rent against appraiser D by this court, the purport of the whole argument was that the defendant's decision of this court as to the purport of the whole argument expressed the defendant's intention of rejection of renewal by notifying the defendant of termination of the contract three months prior to the expiration of the term of lease. Thus, the lease contract of this case was terminated on July 9, 2012.

Therefore, at KRW 45,423,00, the Defendant deducted the Plaintiff’s obligation to the Plaintiff arising from the instant lease agreement, such as overdue rent or unjust enrichment equivalent to the Defendant’s delivery date, from the deposit for lease deposit at KRW 45,423,00.