The judgment of the first instance court is modified as follows. A.

The execution cost of provisional disposition in the lawsuit of this case is 147,900 won and it is related thereto.

1. Basic facts

A. On November 27, 2018, the Plaintiff, through D, as the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”), leased the instant apartment to Defendant B by setting the deposit amount of KRW 70,000,000, monthly rent of KRW 5,300,000 (prepaid on December 3, 2018), from December 3, 2018 to December 2, 2020 (hereinafter “instant lease”). Defendant B paid the Plaintiff deposit of KRW 70,000,000 (hereinafter “the instant deposit”) and the first month rent of KRW 5,30,000,00 from the Plaintiff on December 3, 2018, and lived with Defendant C who was the mother of the instant apartment.

B. Defendant B did not pay rent for January and February 2019 while residing in the instant apartment, and the Plaintiff did not pay monthly rent to Defendant B on February 13, 2019, the lessor may terminate the lease contract if the lessee under Article 4 of the instant lease agreement did not pay monthly rent to Defendant B on February 13, 2019.

According to the above, since the lease contract of this case was terminated on the grounds of more than two years of delay, it was sent by a content-certified mail to the effect that the request for eviction was made until February 28, 2019, and the above content-certified mail reached Defendant B around that time.

C. On March 26, 2019, the Plaintiff paid KRW 55,081,392, which deducted KRW 14,918,608 from the deposit amount of KRW 70,00,00 from the overdue rent of KRW 14,918,60,00, the overdue charge, etc. to Defendant B. On the same day, the Plaintiff was handed over by the Defendants.

However, around 15:20 on March 27, 2019, the Defendants occupied the instant apartment by demanding KRW 15 million, including the deposit amount of KRW 15 million and the director’s expenses, which was not returned to the Plaintiff after entering into the instant apartment, while arbitrarily replacing the lock lock locking device of the apartment on March 27, 2019. Defendant C, as the mother of Defendant B, appears to have occupied the instant apartment by asserting that it is unreasonable for the Plaintiff to deduct the rent from the deposit for rent in arrears, etc. from the deposit of the lease of Defendant B, which appears to have been invaded and occupied by Defendant C.