1. Of the lawsuit in this case, the part of the claim for cancellation of the registration of housing lease shall be dismissed;

2. The defendant shall attach attached Form to the plaintiff.

1. On June 8, 2016, the Plaintiff leased real estate indicated in the attached Form (hereinafter “instant apartment”) to the Defendant in KRW 100,000,000, deposit money for lease from August 1, 2016 to July 31, 2018, and KRW 450,000,000 for rent, from August 1, 2016 to July 31, 2018.

(hereinafter “instant lease agreement”). From October 2016, the Defendant delayed to pay to the Plaintiff KRW 1,800,000 on April 27, 2017, and KRW 1,350,00 on June 12, 2017.

After the term of the instant lease agreement expires, the Defendant applied for the order of lease registration (this Court Decision 2018Kadan105) on August 23, 2018, and completed the lease registration (hereinafter “the instant lease registration”) on the instant apartment on August 23, 2018, and the Defendant was a director on the instant apartment on August 30, 2018, but did not deliver the key to the instant apartment site to the Plaintiff.

On the other hand, on November 22, 2018, the Plaintiff deposited KRW 93,882,520 (100,000,000 for lease deposit - interest of KRW 1,185,483 for overdue rent 7,185,48,00 for overdue payment) with the deposited person as the Defendant under 6770 of 2018.

[Reasons for Recognition] Facts that the plaintiff is the plaintiff, Gap 1 to 7, 9 (including a branch number), and 12, and the purport of the whole pleadings

2. The plaintiff asserted that ① the defendant should deliver the apartment of this case to the plaintiff because the lease contract of this case was terminated, ② the legal interest 1,068,003 won out of the money deposited by the plaintiff is the unjust enrichment without any legal ground to the defendant who has not yet delivered the apartment of this case, and thus, the plaintiff shall return it, ③ the damages equivalent to the rent from August 31, 2018 to the date of delivery of the apartment of this case, and ④ the lease registration of this case should be cancelled since the lease deposit was fully repaid.

3. As to the claim for cancellation of the lease registration ex officio, the part concerning the claim for cancellation of the lease registration among the lawsuit in this case is examined.

The registration of housing lease;