1.(a)

From August 20 to August 20, 2015, the defendant's KRW 40,000 from the plaintiff to the delivery date of real estate stated in the attached list.

1. Basic facts

A. On November 28, 2014, the Plaintiff leased the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant with the lease deposit KRW 40 million and monthly rent KRW 750,000,000, not later than December 4, 2014, the lease commencement date, and December 3, 2016, respectively.

(hereinafter “instant lease agreement”). B.

The Defendant paid KRW 40 million to the Plaintiff, and possessed and used the instant real estate from December 4, 2014.

C. From August 20, 2015, the Defendant delayed as to the instant real estate. D.

On April 11, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of delinquency in rent for at least two different periods by content-certified mail. The Plaintiff terminated the instant lease agreement on the grounds of delinquency in rent for at least two different periods in the instant complaint and sought delivery of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the instant lease agreement was terminated as a duplicate of the complaint of this case stating the notification as of April 11, 2016 or the Plaintiff’s expression of intent to terminate.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the rent and unjust enrichment equivalent to the rent, calculated at the rate of KRW 750,000 per month from August 20, 2015, the date of delinquency in the rent, to the date of delivery of the instant real estate.

B. The Defendant’s simultaneous performance defense to the effect that the instant building cannot be delivered until the Plaintiff is paid KRW 40 million from the deposit. As such, the Defendant paid KRW 40 million as the deposit for lease on the instant real estate. The fact that the instant lease contract was terminated is as seen earlier. As such, the Plaintiff is obligated to return the deposit to the Defendant, and the obligation of the Defendant to deliver the instant real estate.