2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

A. On August 19, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Defendant, with respect to the Eunpyeong-gu Seoul Building D (hereinafter “instant house”) with respect to the lease deposit of KRW 50 million (e.g., the remaining payment date, September 28, 2017), KRW 400,000 monthly rent, and the lease period, from October 12, 2017 to October 12, 2019 (hereinafter “instant lease agreement”), and paid KRW 5 million to the Defendant the down payment.

Paragraph 5 of the above special lease agreement provides that the lessee may cancel the lease if the cause of restriction on the right occurs after the conclusion of the contract and the cause of restriction is impossible until the due date for the remainder payment of the lessee, and the lessor shall immediately return the amount already paid to the lessee and compensate the lessee for damages by 10% of the lease amount separately.

(hereinafter referred to as “the instant special agreement”)

On September 27, 2017, the Plaintiff paid to the Defendant a balance of KRW 45 million on the following day, including KRW 30 million, and KRW 28.15 million on the following day. The registration of provisional attachment was completed on September 29, 201 on the following day.

C. On October 13, 2017, the Defendant drafted a letter of commitment to fully repay the Plaintiff the lease deposit amounting to KRW 50 million and to additionally pay KRW 1 million for directors’ expenses.

The Plaintiff continues to reside in the instant house.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the instant lease agreement was terminated as the Plaintiff’s right of rescission based on the instant special agreement agreement on October 13, 2017.

Therefore, the Defendant’s possession and use of the instant house between October 12, 2017 and June 20, 2019, where the Plaintiff is the person who was paid the lease deposit amounting to KRW 50 million, KRW 1 million for directors, and KRW 56 million for damages under the instant special agreement, and KRW 8 million for the Plaintiff as the person who was paid the reimbursement of KRW 56 million, according to the letter of commitment signed by October 13, 2017.