1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From April 29, 2019, the above-mentioned A

subsection (b).

1. Basic facts

A. On March 11, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1320,000 (including value-added tax on March 29, 201), from March 30, 2019 to March 29, 2021, and handed over the instant real estate to the Defendant on March 30, 2019.

On the other hand, at the time of the instant lease agreement, the Plaintiff and the Defendant agreed to deliver the leased object to the Plaintiff if they were in arrears not less than three times a month.

B. On August 12, 2019, the Plaintiff, who did not pay a monthly rent, sent to the Defendant a content-certified mail containing the intent to terminate the instant lease agreement, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the instant lease agreement was legally terminated by the Plaintiff’s notification of termination, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay rent and rent-free gains calculated by the ratio of KRW 1320,000 per month from April 29, 2019 to the completion date of delivery of the instant real estate.

The defendant asserts that since the rent unpaid due to the defendant's economic circumstances can be appropriated from the lease deposit, the plaintiff cannot respond to the plaintiff's claim.

Even if the lease deposit has been granted to the lessor, the lessor may freely choose whether or not to cover the overdue rent from the lease deposit while the lease relationship is in progress.

(See Supreme Court Decision 2005Da459, 466, May 12, 2005, etc.). Accordingly, a mutual aid is granted prior to the termination of a lease agreement.