Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor, and the lessor shall refund the deposit.

On September 30, 2015, the Plaintiff entered into a lease agreement with the Defendant on September 30, 2015 with regard to the instant warehouse 1 and 2, the lease deposit of KRW 16 million, monthly rent of KRW 1.6 million (payment on October 5, 2015), from October 5, 2015 to October 4, 2016 (hereinafter “instant lease agreement”). The instant lease agreement includes the following:

B. The Plaintiff and the Defendant agreed on the part of the instant lease agreement concerning one warehouse, and the Defendant delivered the said one warehouse on March 12, 2019 to the Plaintiff. On June 3, 2019, the Plaintiff returned KRW 1/2 of the lease deposit under the instant lease agreement to the Defendant.

C. After the Defendant paid rent by February 2019, the Plaintiff did not pay rent any longer, the Plaintiff sent to the Defendant a certificate of the purport that the instant lease contract is terminated pursuant to Article 5 of the instant lease agreement, and the Plaintiff filed the instant lawsuit to the same effect on July 5, 2019, and the duplicate of the complaint reached the Defendant on July 23, 2019.

[Ground of Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, Eul evidence No. 4 video, the purport of whole pleadings

2. Determination on this safety defense

A. The summary of the Defendant’s assertion is that, in fact, the Korea Land and Housing Corporation had the Plaintiff file a suit on behalf of the Plaintiff with the intent of not paying reasonable compensation to the same lessee as the Defendant, and thus constitutes abuse of power.

B. The filing of a lawsuit is dismissed by abusing the right of action against the principle of good faith.