1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Facts of recognition

On October 14, 2014, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 20,00,000, monthly rent of KRW 750,000 (prepaid monthly payment), and from November 1, 2014 to November 1, 2016 (hereinafter “instant lease contract”), and delivered the instant apartment to the Defendant on November 1, 2014.

At the time, the management fee for the apartment of this case was agreed to be paid by the lessee.

The Defendant did not pay the Plaintiff a monthly rent for April 2015. The Defendant paid a total of KRW 1,500,000 for two months around August 2015, and did not pay a further rent.

On August 26, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement with the content certification, and the above content certification reached the Defendant around that time.

Even thereafter, the defendant has occupied the apartment house of this case and used it as a residence.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 4 (including additional numbers) and the facts of the above recognition as to the ground for a claim as a whole of the pleadings, the defendant's delayed delayed amount reaches the amount of two years of rent. Thus, the lease contract of this case was terminated by the plaintiff's declaration of intent to terminate the contract.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff.

The plaintiff cannot respond to the plaintiff's request for delivery of the apartment of this case until the plaintiff is returned KRW 20,000,000 from the defendant's argument about the simultaneous performance defense.

Judgment

Upon the termination of the instant lease agreement, the Defendant’s duty to deliver the instant apartment is in the simultaneous performance relationship with the Plaintiff’s duty to return the lease deposit.

On the other hand, the security deposit received in the lease of real estate is a security for all the lessee's obligations under the lease, such as the lease obligation, the liability for compensation for damages caused by the loss or damage of the object, etc.