A. On September 7, 2015, the Defendant leased real estate owned by the Defendant (hereinafter “instant apartment”) in attached Form 80,000,000, monthly rent of KRW 350,000, and its term from October 30, 2015 to October 29, 2017, and the lessee entered in the lease agreement as the Plaintiff.

(hereinafter “instant lease agreement”). B.

From the conclusion of the instant lease agreement to November 11, 2015, the Defendant received 80,000,000 won under the instant lease agreement from both the Plaintiff and the Plaintiff’s husband, and the Plaintiff and C resided on the delivery of the instant apartment around that time.

C. On September 1, 2017, the Plaintiff expressed his/her intent not to maintain the instant lease agreement more continuously to the Defendant. On December 7, 2017, the period of the instant lease agreement expires, the Plaintiff completed the move-in report to Seocho-gu Seoul on December 23, 2018 on the instant apartment on the following grounds: “The Plaintiff, the lessee, the lessee, the lessee, and the lessee’s right to lease, the deposit amount of KRW 80,000,00, the rent of KRW 350,00,00, the rent of KRW 350,00, the resident registration date, and the fixed date of resident registration date of August 21, 2017.”

[Ground of recognition] Facts without dispute, Gap 1 through 5, 26 evidence, Eul 4 evidence (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) terminated the instant lease agreement and the Plaintiff delivered the instant apartment to the Defendant. As such, the Defendant is obligated to pay the Plaintiff, the lessee of the instant lease agreement, a deposit of KRW 80,000,000, and damages for delay thereof. (2) Defendant C is the Plaintiff’s husband, and the Defendant renewed the instant lease agreement with C, and thus, the Plaintiff is not obligated to return the deposit of the instant lease agreement to the Plaintiff.

B. Determination 1.