A. The gist of the Plaintiff’s assertion was that the Plaintiff deposited KRW 300,000 (hereinafter “instant provisional contract deposit”) on September 5, 2016, in order to enter into a lease agreement on the second floor of 74.58 square meters (hereinafter “instant real estate”) of the 2nd floor in Bupyeong-si, Seocheon-si, the Defendant owned (hereinafter “instant house”).

On September 7, 2016, the Plaintiff perused a certified copy of the register of the instant house and became aware of the establishment of the provisional attachment registration of the instant house. Since the Plaintiff failed to hear from the Defendant the adequate explanation regarding the provisional attachment of the instant house, the Plaintiff’s rescission of the lease agreement with the Defendant and sought the return of the instant provisional attachment amount.

B. Determination 1) In light of the following circumstances that can be acknowledged by the purport of Gap evidence Nos. 1 and 2 and the entire pleadings, namely, in light of the fact that the plaintiff made a statement to the defendant that "the time is needed to prepare for the lease deposit," among the dialogues between the plaintiff and the defendant through message, prior to the payment of the provisional contract deposit, the plaintiff appears to have reached an agreement on the lease deposit and rent of the real estate of this case between the plaintiff and the defendant, ② the plaintiff directly confirmed the real estate of this case and expressed his intention to the contract, and ③ the plaintiff also returned the provisional contract deposit of this case to the effect that the lease contract of this case between the plaintiff and the defendant can be established by paying the provisional contract deposit of this case through the complaint of this case. In full view of the above, the lease contract of this case between the plaintiff and the defendant around September 5, 2016, which was paid by the plaintiff to the defendant.

2) Whether the instant lease contract was revoked or not is deemed to have been concluded.