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1. The part against the Defendant regarding the claim for return of unjust enrichment in the judgment of the first instance is revoked, and the revocation part is revoked.
Reasons
1. Determination on requests for the delivery of a building
A. On June 21, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on June 21, 2017 by setting the deposit amount of KRW 10 million (hereinafter “the instant lease deposit”), monthly rent of KRW 750,000,000, and the lease period of June 30, 2019 (hereinafter “the instant lease deposit”). There is no dispute between the parties.
According to the above facts, the lease of this case terminated on June 30, 2019, and thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, barring special circumstances.
B. The Defendant’s simultaneous performance defense to the effect that the Plaintiff cannot comply with the Plaintiff’s request for extradition before receiving the repayment of the balance of the lease deposit after deducting the overdue rent from the Plaintiff. As to this, the Plaintiff did not pay electricity and water rates from September 1, 2018, and did not recover the instant real estate after the termination of the lease of this case. As the instant real estate was not restored to the original state after the termination of the lease of this case, it was reasonable to view that the Defendant’s simultaneous performance defense was related to the Defendant’s obligation to return the leased property in arrears for 10 months from September 1, 2018, ② the amount calculated by adding both the electricity and water rates of 306,000, and water rates of 50,000,000, and the water rates of 50,000,000, and ③ the amount deducted from the deposit for lease of this case, and the Plaintiff’s obligation to return the remainder of the lease deposit and the deposit for simultaneous performance should not be refunded to the Defendant.
Accordingly, this paper will examine the scope of the deduction of the lease deposit to be returned by the plaintiff in sequence.