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1. The plaintiff
A. Defendant B: (a) from 40,900,000 to 700,000 per month, from April 2018 to the delivery of the buildings listed in the separate sheet.
Reasons
1. On August 26, 2016, the Plaintiff: (a) on August 26, 2016, the Plaintiff leased a building listed in the attached Form to Defendant B with a deposit of KRW 50,000,000; (b) monthly rent of KRW 700,00; and (c) on December 2, 2018.
(C) Defendant B resided in the building of this case with Defendant C.
C. Defendant B did not reside in the instant building any longer than the wind that Defendant C had changed the password of the entrance of the instant building on March 2017.
The defendant C is residing in the building of this case with the defendant D from March 2017's in the past.
On March 2017, the Plaintiff was not paid monthly rent, and upon filing the instant lawsuit, the Plaintiff terminated the lease contract to Defendant B on the ground of delinquency in monthly rent.
【Ground Gap’s evidence Nos. 1 through 4 and the lease of this case is deemed to have been lawfully terminated. As such, Defendant B is obligated to deliver the building of this case to the Plaintiff, and Defendant C and D, without title, are also obligated to deliver the building of this case to the Plaintiff.
2. Defendant B’s defense that the delivery of the instant building ought to be done simultaneously with the return of the deposit claim.
According to the evidence No. 5, Defendant B’s transfer of the obligation to return deposit to Nonparty E with the Plaintiff’s consent on August 18, 2017. Meanwhile, the monthly arrears amounting to KRW 9,100,000 for 13 months from March 2018, which was around the date of the closing of the instant argument.
Therefore, the Plaintiff is obligated to pay the remainder of the deposit after deducting KRW 700,000 per month from April 2018 to the time of delivery of the instant building from the monthly amount of KRW 40,900,000, which is the transferee of the claim to return the deposit, from the monthly amount of KRW 40,90,000, which shall be done simultaneously with the Defendant B’s duty
3. It is so decided as per Disposition in conclusion.