1. The defendant shall be the plaintiff.

가. 별지 목록 기재 부동산 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉠의 각...

1. Facts of recognition;

A. On February 24, 2017, the Plaintiff leased money of KRW 15 million in a deposit, KRW 18 million in a rent month (excluding value-added tax), and from March 15, 2017 to March 14, 2019, with the term of lease fixed to the Defendant from March 15, 2017 to March 14, 2019.

B. On March 15, 2017, the Defendant received the instant store from the Plaintiff and operated grain sales stores at the said store.

C. After July 1, 2017, the Defendant delayed payment of the rent, and the Plaintiff notified the Defendant of the termination of the said lease agreement on December 26, 2017.

[Ground of recognition] Facts without dispute, Gap 2 and 3 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the lease contract concluded with respect to the instant store shall be deemed to have been lawfully terminated on or around December 26, 2017 on the grounds of the Defendant’s vehicle rent delay. Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff.

In addition, barring special circumstances, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent or rent calculated by the ratio of KRW 1980,000 per month from July 1, 2017 to the completion date of delivery of the instant store.

B. (1) As to the Defendant’s assertion, the Defendant asserted that the overdue rent should be deducted from the above deposit amount of KRW 15 million, the Defendant secured all the lessee’s obligations arising from the lease, such as the lease obligation, the deposit received from the real estate lease, the damage liability arising from the loss of, damage to, etc., and thus, the amount equivalent to such secured obligation is naturally deducted from the deposit without a separate declaration of intention unless special circumstances exist when the object is returned after the termination of the lease relationship (see, e.g., Supreme Court Decision 2015Da23020, Jul. 27, 2016). The Defendant’s assertion that the overdue rent should be deducted from the deposit amount of KRW 1,584,00,000,000 from July 1, 2017 to February 28, 2018 (=1980,000 won x 8 months).