1. The defendant

A. From March 19, 2018 to KRW 30 million from Plaintiff (Appointed Party) and Appointed C, the attached real estate shall be from March 19, 2018.

1. Recognizing the facts, the Plaintiff (Appointed Party) and the Selected C (hereinafter “Plaintiff, etc.”) concluded a lease agreement with the Defendant on March 19, 2018, setting the deposit amount of KRW 30 million, monthly rent of KRW 2.5 million, and the lease period of the lease by March 18, 2020 (hereinafter “instant contract”).

Under the instant contract, the Defendant paid deposit of KRW 30 million to the Plaintiff, etc., and used the instant building in delivery, and did not pay monthly rent.

Therefore, on June 28, 2018, the Plaintiff et al. notified the Defendant of the termination of the instant contract on the ground of the overdue charge.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, purport of whole pleadings]

2. Determination

A. The instant contract was lawfully terminated in accordance with the notice of termination given by the Plaintiff, etc. on the ground of the Defendant’s delinquency in rent. Barring any special circumstance, the Defendant is obligated to order the Plaintiff, etc. to question the instant building and pay 12.5 million won each month from March 19, 2018 to the ordering date of the instant building.

B. As to this, the defendant asserts to the purport that the plaintiff's claim is unjustifiable, since the deposit remains.

No one may refuse to pay unjust enrichment equivalent to rent or rent on the ground that there is a deposit.

However, the defendant's above assertion may harm the defense of simultaneous performance against the plaintiff et al., so the defendant is obligated to receive the remaining security deposit after deducting the monthly rent from the plaintiff et al., and at the same time to order the plaintiff et al. to order the building of this case.

Therefore, the defendant's above assertion is justified within the above scope of recognition.

3. According to the conclusion, the Defendant received the amount calculated by deducting 1.25 million won from March 19, 2018 to March 19, 2018 from the Plaintiff, etc. to the ordering date of the instant building, at the same time, from the Plaintiff, etc.