1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 22, 2013, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) stipulating that a rent of KRW 700,000 (in addition to surtax) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and the lease period from May 22, 2013 to May 21, 2015 (hereinafter “instant lease agreement”).

The lease contract (No. 1) of this case states that the lease deposit is KRW 30 million.

B. On May 7, 2013, the Defendant paid to the Plaintiff KRW 10 million, and KRW 10 million on July 26, 2013, respectively.

C. The Defendant operated a coffee shop with the trade name “C” on the instant real estate, and requested the Plaintiff to renew the instant lease agreement on April 2, 2015, between June and January 2, 2015 before the expiration date of the instant lease agreement.

The Plaintiff refused to receive rent from July 2015, and the Defendant deposited all the rent from July 22, 2015 to December 21, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 4, 5, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion on the lease deposit of the instant lease agreement was attributable to KRW 30 million, and the Defendant paid KRW 20 million among them up to now.

This falls under Article 10 (1) 8 of the Commercial Building Lease Protection Act, and thus, the Plaintiff refused the Defendant’s request for renewal because it constitutes “other cases where the lessee significantly violates the duty of tenant or has a serious reason to make it difficult to continue the lease.”

Therefore, as the instant lease agreement has expired, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay unjust enrichment equivalent to the rent from May 22, 2015 to the completion date of delivery of the said real estate.

B. The Plaintiff and the Defendant asserted that the lease deposit was set at KRW 30 million at the time of entering into the instant lease agreement.