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1. The defendant shall receive KRW 280,000,000 from the plaintiff and at the same time indicate the attached real estate in the plaintiff.
Reasons
1. Basic facts
A. On October 1, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 280 million and the term of lease from October 20, 2013 to October 19, 2015 with regard to the real estate indicated on the attached real estate owned by the Plaintiff (hereinafter “instant apartment”).
B. On August 31, 2015 and September 1, 2015, between six months and one month before the expiration of the lease term of this case, the Plaintiff notified the Defendant that the lease contract of this case would not be renewed if the lease deposit would not be increased by KRW 460 million, and the Defendant notified the Defendant that he would not renew the lease contract of this case on September 2, 2015.
C. The Plaintiff did not return the instant lease deposit KRW 280 million to the Defendant, and the Defendant did not deliver the instant apartment to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The party's assertion and judgment
A. (1) The Plaintiff’s assertion (1) that the lease of the instant apartment has expired on October 19, 2015, and the Defendant is obligated to deliver the instant apartment to the Plaintiff. If the lease deposit is KRW 280 million after the termination of the lease of the instant apartment, the appropriate rent for the instant apartment would be KRW 597,000 per month. The Defendant is obligated to return unjust enrichment calculated at the rate of KRW 597,00 per month from October 20, 2015, after the termination of the lease of the instant apartment from October 20, 2015 to the delivery of the instant apartment to the Plaintiff.
(2) The Defendant is obligated to deliver the instant apartment to the Plaintiff at the same time with the Plaintiff’s payment of KRW 280,000,000 from the deposit, and even if the lease term expires pursuant to Article 4(2) of the Housing Lease Protection Act, until the lessee is returned the deposit.