1. The Defendant shall from November 6, 2015 to the completion date of delivery of the real estate stated in the separate sheet from KRW 20,000,000 by the Plaintiff.

1. Facts of recognition;

A. On October 16, 2015, with respect to the instant real estate owned by the Defendant and the Plaintiff, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff, with a deposit of KRW 20,000,000, monthly rent of KRW 1,100,000 (repaid on the fifth day of each rent), and the period from November 5, 2015 to November 4, 2016.

(hereinafter “instant contract”).

B. Around that time, the Plaintiff received KRW 20,000,000 from the Defendant, and delivered the instant real estate to the Defendant on November 5, 2015.

C. The Defendant did not pay to the Plaintiff all the rent stipulated in the instant contract.

On February 2, 2016, the Plaintiff sent to the Defendant a content-certified mail containing an expression of intent to terminate the instant contract on the grounds of delinquency in rent, and the said mail reaches the Defendant on the following day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination, since the instant contract was lawfully terminated on February 3, 2016, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and as the Plaintiff seeks, to pay the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 1,100,000 per month from November 6, 2015 to the completion date of delivery of the instant real estate.

Accordingly, the Defendant asserted that the Plaintiff cannot comply with the Plaintiff’s claim before receiving the deposit paid under the instant contract. As such, the Defendant paid KRW 20,000,000 to the Plaintiff according to the instant contract as seen earlier. Since the instant contract ends on February 3, 2016, the Plaintiff is obligated to return the deposit received under the instant contract to the Defendant. The Plaintiff’s obligation to return the deposit to the Defendant is concurrent performance relationship with the Defendant’s obligation to deliver the instant real estate.

On the other hand, the lease deposit guarantees all the lessee's obligations, such as rent, unjust enrichment, etc. arising in relation to the lease from the termination of the lease until the delivery of the object.