1. The defendant

A. Each real estate listed in the separate sheet simultaneously with receiving KRW 129,355 from the Plaintiff.

1. Facts of recognition;

A. On June 12, 2013, B entered into a lease agreement with the Defendant for the term of KRW 50 million, monthly rent of KRW 4 million, and the term from August 15, 2013 to August 14, 2018 with regard to the instant leased portion Nos. 2 and 3.

B. On July 3, 2014, B entered into a lease agreement with the Defendant on a deposit of KRW 30 million, monthly rent of KRW 2.1 million, and period from August 15, 2014 to August 14, 2018 with regard to the leased portion of the instant case.

C. On January 17, 2015, the Plaintiff purchased the entire leased portion of the instant lease from B and finished the registration of ownership transfer on January 26, 2015, and acquired the lessor status of the lease agreement concluded between B and the Defendant as it is.

From January 15, 2017, the Defendant continues to engage in the business of manufacturing and selling care in the leased area of this case without paying monthly rent.

[Evidence] Each description of Gap evidence Nos. 1 through 5

2. Determination

A. Since the above lease agreement was terminated on the grounds of delinquency in the amount of monthly rent as stipulated in Article 4 of the Agreement on January 11, 2018, on which a duplicate of the complaint of this case containing an expression of intent of termination was served on the Defendant, the Defendant is obligated to deliver the leased portion of this case to the Plaintiff.

B. The monthly arrears from January 15, 2017, the date of arrears, to January 11, 2018, from January 15, 2017, the date of termination, is KRW 79,870,645 (=6710,000 x (28/31,00)). Therefore, the Plaintiff is obligated to return the remaining deposit to the Defendant, which remains after deducting it.

C. The Defendant’s duty to deliver the leased portion of the instant lease is in the relationship of simultaneous performance with the Plaintiff’s duty to return the lease deposit.

In addition, since the defendant continuously occupies the leased portion of this case even after the date of termination, and actually gains profit therefrom, the defendant is obligated to return to the plaintiff 6.10,000 won equivalent to the monthly rent from January 12, 2018 to the date of completion of delivery of the leased portion of this case.

3. Thus, the plaintiff's claim of this case is justified.