1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. In the judgment of the court of first instance, the plaintiff is the principal lawsuit, and the court of first instance accepted part of the plaintiff's main claim as a counterclaim, dismissed part of the plaintiff's main claim, and all of the plaintiff's remaining main claim, and dismissed all of the plaintiff's remaining main claim. Since the defendant appealed only against the part of the part of the judgment of the court of first instance as to the counterclaim, the judgment of the court of first instance is limited to the part against which the defendant lost among the part concerning the counterclaim.

2. The reasoning of the court’s explanation concerning the instant case is as stated in the reasoning of the judgment of the first instance, except for adding the judgment under paragraph (3) below, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The Defendant asserts that, since the Plaintiff occupied and used the instant real estate from January 30, 2018 to March 8, 2018, which was the date of the Plaintiff’s delivery of the instant real estate, the Plaintiff had a duty to return unjust enrichment equivalent to KRW 170,000 per month management expenses, in addition to the rent recognized by the first instance court with respect to the instant real estate. (B) In order to deduct the secured obligation from the lease deposit, the lessor must assert that the overdue rent, overdue management expenses, etc. should be deducted from the lease deposit. Furthermore, the lessor should assert and prove the cause of the lease deposit, the rent claim, management expenses claim, etc. to be deducted from the lease deposit (see, e.g., Supreme Court Decision 2005Da83230, Sept. 28, 2005). Therefore, there is no evidence supporting the Defendant’s assertion from the first instance court to the date the Defendant asserted that there was no claim from the management expenses.

Therefore, the defendant's above argument is justified.