1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 280,00 won and from 26 May 2018

1. Basic facts

A. On June 23, 2017, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the terms of KRW 3 million, KRW 480,000,000,000 per rent, KRW 480,000 per month, and the lease period from June 25, 2017 to June 24, 2019 (24 months).

The defendant paid 3 million won a deposit to the plaintiff on the same day, and received the real estate of this case around that time.

B. At the time of the conclusion of the instant lease agreement, the Plaintiff agreed to terminate the instant lease agreement in a case where the Defendant was in arrears to reach the amount of rent for the second period.

C. However, the Defendant only paid KRW 1 million on November 27, 2017, and KRW 1 million on March 5, 2018 after concluding the instant lease agreement, and did not pay the remainder.

On September 6, 2018, a duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in payment of two or more rents, reaches the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. According to the fact of recognition of the obligation to deliver real estate upon termination of the lease, the lease of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the delay in payment of more than two years of lease.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

The defendant raises a defense to the effect that the obligation of the plaintiff to pay the remainder after deducting the overdue rent from the lease deposit and the obligation of the defendant to deliver the real estate of this case to the same effect concurrently perform. However, as seen below, all the obligation of the plaintiff to return the deposit has ceased to exist, the above defense

(b) in the lease of real estate which is obliged to pay unjust enrichment equivalent to rent or rent.