A. On October 22, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 33,000,000 on the left-hand bank of the branch in Gwanak-gu, Seoul Special Metropolitan City, and the term of lease from November 1, 2012 to October 31, 2014 (hereinafter “instant lease agreement”).

After that, the plaintiff and the defendant renewed the above lease contract by October 31, 2017, after the lease period was extended by October 2014.

B. On September 29, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement by text messages.

C. The Plaintiff filed an application for provisional attachment on the land and buildings owned by the Defendant with respect to the claim for the return of the lease deposit under the instant lease agreement as the preserved claim, and rendered a provisional attachment order on February 8, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 20, video, purport of whole pleading

2. The instant lease agreement, based on the determination on the cause of the claim, was terminated on October 31, 2017 upon the Plaintiff’s notice of termination and the expiration of the period.

Therefore, the Defendant is obligated to refund KRW 33,000,000 to the Plaintiff.

The defendant asserts that the plaintiff cannot return the above provisional seizure until the plaintiff withdraws the above provisional seizure application and seeks a new lessee.

However, since the defendant did not refund the above lease deposit and the plaintiff received a decision of provisional seizure, it cannot be deemed that the plaintiff had the obligation to withdraw the application for provisional seizure before the repayment of the deposit was made, and there is no evidence to prove that the plaintiff and the defendant agreed to withhold the deposit until the new lessee seek the return. Therefore, the defendant'

3. According to the conclusion, the Defendant is obliged to pay to the Plaintiff KRW 33,00,000,000 and to pay to the Plaintiff the same from November 1, 2017 to the day of full payment.