1. The defendant shall be the plaintiff.

(a)the annexed drawings on the two-storys of the real estate listed in the separate sheet (a), (b), (c), and (d).

1. Determination as to the cause of claim

A. 1) On July 26, 2017, the Plaintiff filed an order with the Defendant on July 26, 2017 (hereinafter “instant building”).

) A lease deposit was leased KRW 10 million (an increase of KRW 5 million from August 1, 2018), KRW 990,000 for monthly rent (including additional tax), and period of lease from August 1, 2017 to July 31, 2019 (hereinafter “instant lease agreement”).

(2) On August 1, 2018, the Defendant did not additionally pay the Plaintiff the lease deposit amount of KRW 5 million and paid the monthly rent at least twice. On January 7, 2019, the Plaintiff sent to the Defendant a certificate that the instant lease contract was terminated on the ground of the delayed rent.

3) The Plaintiff and the Defendant agreed to deduct KRW 7,530,000 and KRW 2,000 from the rent in arrears, etc. from KRW 10,000 to January 31, 2019. After that agreement, the Defendant paid to the Plaintiff the monthly rent ( KRW 99,00,000,000,000,000,000) up to June 2019 up to the portion of KRW 10,00,000 and KRW 7,530,000,000 and KRW 2,000,000,000,000 for the rent in arrears, etc. from KRW 10,000,000,00,000,000 and KRW 1,530,000,000,000,000,000,00 for the entire pleadings.

B. According to the above facts of recognition, the instant lease agreement was terminated due to the Defendant’s delay of rent, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unjust enrichment equivalent to the rent of KRW 90,000 per month from July 1, 2019 to the completion date of delivery.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the Plaintiff cannot respond to the Plaintiff’s claim from the Plaintiff until the refund of the remainder of the lease deposit (10 million won - 9530,000 won) on the premise that the Defendant paid the monthly rent from July 2019 to July 2019.

Accordingly, the plaintiff asserts that the total amount of the lease deposit was deducted from overdue rent or unjust enrichment equivalent to the rent.

B. We examine the judgment, and the defendant.