1. The Defendant is from the Plaintiffs at KRW 3,220,097 to KRW 493.38 square meters on the first floor among the buildings listed in the separate sheet from February 1, 2020.

1. Basic facts

A. On December 15, 2017, the Plaintiffs entered into a lease agreement between the Defendant and the instant real estate and KRW 100,000,000 per month, in which the deposit amount is KRW 5,700,000 per month (excluding the last day of each month, the value-added tax), management expenses (excluding value-added tax), and value-added tax (excluding value-added tax), and the lease period until December 15, 2019 (hereinafter “instant lease agreement”), and handed over the instant real estate to the Defendant on the same day.

At the time, the Plaintiff and the Defendants agreed that the lessor may terminate the contract immediately if the annual rent of the lessee reaches the three-year rental period under Article 4 of the instant lease agreement.

B. On September 10, 2018 and May 15, 2019, the Plaintiffs urged the Defendant to pay the unpaid rent, management fee, and water and mineral heat expenses. On July 25, 2019, the Plaintiffs notified the Defendant of the termination of the instant lease agreement on the grounds that the instant rent, management fee, and water and mineral heat were not paid by content-proof mail.

C. On January 31, 2020, the date of the closing of argument in the instant case, the Defendant did not pay the Plaintiffs a sum of KRW 96,779,903 (i.e., rent and management fee of KRW 75,240,00,00 for KRW 13.2 million for the management fee of KRW 8,339,90 for the tap-water mining source).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated at that time by the Plaintiffs’ declaration of termination on July 25, 2019, on the grounds of the Defendant’s delinquency in rent for more than three years.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiffs.

B. In determining the simultaneous performance defense of the defendant, the lease deposit that the lessee pays to the lessor is secured by the lessee’s obligation arising from the lease relationship until the lease relationship terminates and the lessee returns the object.