1. The Defendant shall deliver from the Plaintiff the real estate in the separate sheet from November 12, 2016 to KRW 33,375,269.

1. Basic facts

A. On October 18, 2015, the Plaintiff leased real estate listed in the attached list (hereinafter “instant building”) to the Defendant as KRW 40,000,000 for lease deposit, monthly rent of KRW 70,000 for the period from October 25, 2015 to October 24, 2017.

(hereinafter “instant lease agreement”). Under the instant lease agreement, the Plaintiff delivered the instant building to the Defendant, and the Defendant paid KRW 40,000,000 to the Plaintiff.

B. From January 25, 2016, the Defendant delayed the payment of monthly rent, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on June 30, 2016.

2. Fact that there is no dispute over the judgment [based for recognition], entry of evidence No. 1, evidence No. 3, and the purport of the whole pleadings;

A. According to the above facts finding as to the cause of claim, the instant lease contract was lawfully terminated by the Plaintiff’s declaration of intent to terminate the contract, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and return the amount of unjust enrichment equivalent to the rent from January 25, 2016 to the completion date of delivery of the instant building.

B. The defendant's defense is based on the plaintiff's right to return the lease deposit amount of KRW 40,000,000 and his defense of simultaneous performance.

The obligation to return the lease deposit and the obligation to deliver the object of the lease when the lease is terminated is related to the simultaneous performance. On the other hand, in the lease contract, the lease deposit guarantees all the obligations of the lessee with respect to the lease arising from the lease to the time when the object is delivered to the lessor after the termination of the lease contract.

Therefore, the amount equivalent to the secured obligation is naturally deducted from the security deposit without any special declaration when the object is returned after the termination of the lease relationship, so the lessor is obligated to return only the remainder after deducting the secured obligation from the security deposit.