1. The defendant is paid KRW 65,000,000 from the plaintiff and at the same time, among the first floor of the building indicated in the attached Table to the plaintiff.

1. Basic facts

A. On September 28, 2013, the Plaintiff leased to the Defendant part (A) of the attached Form No. 21.17 square meters (hereinafter “instant store”) among the 1st floor of the building indicated in the attached Table No. 2,3,7,6, and 2. On October 14, 2018, the lease deposit was renewed on October 17, 2016, and the lease term was set at KRW 65 million (excluding value-added tax), monthly rent of KRW 3 million (excluding value-added tax), and the lease term was set at between October 15, 2016 and October 14, 2018.

(hereinafter “instant lease agreement”). The Defendant paid the above lease deposit to the Plaintiff, and operated the rice tea house at the instant store.

B. The term of the instant lease agreement was terminated on October 14, 2018, and the Defendant sought the return of the lease deposit, while occupying and using the instant store until now.

【Ground of recognition】 The fact that there is no dispute, Gap's 2, 3 evidence, Eul's 3 evidence, or the purport of whole pleading

2. The parties' assertion

A. The Plaintiff and the Defendant maintained a lease agreement with respect to the instant store for about 30 years.

From September 2010 to July 201, the Defendant delayed to pay KRW 31 million for the 111-month rent, and KRW 63 million for the 21-month rent from November 2013 to July 2015.

(Specific amount is set forth in Gap evidence 8). 65 million won of lease deposit received from the defendant was extinguished by the above overdue rent.

The Defendant shall deliver the instant store to the Plaintiff, and pay the amount of KRW 29 million for unjust enrichment equivalent to the rent (i.e., KRW 94 million - KRW 65 million) and interest in arrears.

B. Regarding the overdue rent claimed by the Plaintiff, the Defendant was not a lessee of the instant store from September 2010 to July 2011, and the rent from November 2013 to July 2015 was paid in cash.

The Defendant is not obligated to deliver the instant store to the Plaintiff until the full amount of the lease deposit is refunded.

3. Determination

A. The defendant.