1. The Defendant: (a) from October 16, 2019 to October 1, 2000, from the Plaintiff’s KRW 19,714,240 to the date the delivery of the instant real estate is completed.

1. Facts of recognition;

A. On March 31, 2016, the Plaintiff: (a) leased, among real estate 18 stories 749.44 square meters listed in the attached Table 18 stories, the leased deposit amounting to KRW 50 million; (b) KRW 177.9 square meters for the portion of the attached Table 1, 2, 3, 4, and 1 attached hereto (hereinafter “instant real estate”); and (c) on April 16, 2016, the lease term period from April 15, 2016 to April 15, 2018.

(hereinafter “instant lease agreement”). B.

From February 2018, the Defendant delayed the rent, and on June 18, 2019, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the rent was overdue.

The defendant currently occupies the real estate of this case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 5, 6, and 7, and the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was terminated by the notification of termination to the Plaintiff following the Defendant’s delinquency in rent.

The Defendant is obligated to deliver the instant real estate to the Plaintiff, except in extenuating circumstances.

B. The defendant's assertion is a defense of simultaneous performance that the real estate of this case cannot be transferred until the security deposit is returned.

Upon termination of a lease agreement, the obligation to deliver the object to the lessee and the lessor’s obligation to return all the remainder of the debt incurred by the time when the lease was delivered, such as overdue rent, out of the deposit for lease, to simultaneously perform the obligation. According to the evidence No. 7, it is recognized that the rent in arrears of the Defendant as of October 15, 2019 was 21,00,000, and the management fee was 9,285,760.

Therefore, the Defendant calculated the sum of KRW 19,714,240 from the Plaintiff’s remainder of the lease deposit (= KRW 50,00,000 - KRW 30,285,760 for overdue rent and management expenses up to October 15, 2019 (= KRW 21,00,000 for overdue rent and management expenses up to October 15, 2019) at the rate of KRW 1,00,000 for October 16, 2019 to the completion date of the delivery of the instant real estate.