A. On November 16, 2016, D entered into a lease agreement with respect to the land-to-story G (hereinafter “instant real estate”) (hereinafter “instant lease agreement”) with respect to the land-to-story G (hereinafter “instant real estate”) among E and Dobong-gu Seoul, Dobong-gu Seoul, with a deposit amount of KRW 70,000,000, and with a lease period fixed until November 16, 2018 (hereinafter “instant lease agreement”).

B. On September 21, 2017, the Defendant purchased the above tenement house including the instant real estate from E and completed the registration of ownership transfer in the name of the Defendant on September 25, 2017.

C. Around October 4, 2018, D died. Around October 4, 2018, D entered into an agreement on the division of inherited property on October 30, 2018 to have the deposit amount of KRW 70,000,000 under the instant lease agreement owned by the Plaintiff on October 30, 2018.

Although the term of the instant lease agreement expired, the Defendant did not return the instant lease deposit, and the instant real estate was delivered to the Defendant on October 31, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was terminated on November 16, 2018, and the period of validity of which expires, and the Defendant succeeded to the lessor’s status by acquiring the ownership of the instant real estate, and the agreement was reached between D’s inheritors on the division of inherited property to own KRW 70,000,000 as the deposit amount of the instant lease agreement, and thus, the Defendant is obligated to pay the Plaintiff the deposit amount of KRW 70,000,000 as well as damages for delay.

B. As to this, the Defendant alleged to the effect that the Plaintiff suspended the payment of the above deposit until spring spring in 2019, taking account of the overall purport of the pleadings in the written evidence Nos. 4 and 6, the Plaintiff can be acknowledged as having suspended the payment of the above deposit to the Defendant by December 31, 2018, but the written evidence No. 5 alone exceeds the above period.