1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On December 6, 2005, the Plaintiff: (a) agreed from C on December 6, 2005, on the lease deposit amount of KRW 35 million; and (b) the lease period of KRW 24 months; (c) the Plaintiff agreed to the effect that “if it is impossible to reside due to reconstruction, the lease period shall be terminated and the house shall be transferred without the demand for compensation.”

(hereinafter “instant special agreement”). B.

On March 9, 2013, the Plaintiff entered into a lease renewal agreement under which the instant house was leased at KRW 40 million from the “E and two others” (Co-owned and acquired the instant house on December 22, 2010), and entered the terms and conditions of the instant renewal agreement in the said renewal agreement.

C. On June 17, 2016 and March 30, 2018, the Defendant acquired the shares of the instant housing and succeeded to the lessor’s status.

The instant housing was included in the redevelopment area executed by the F Urban Environment Improvement Association (hereinafter “instant association”). On August 22, 2018, the Plaintiff was returned KRW 25 million out of the deposit for lease deposit from the Defendant, while leaving the instant housing on August 22, 2018.

E. On August 27, 2018, the Plaintiff demanded the Defendant to pay the remainder of the lease deposit to the Defendant by August 31, 2018.

F. On the other hand, on September 3, 2018, the Plaintiff received 17280,000 won from the instant partnership for relocation of tenants.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 6 and 7 evidence, fact-finding inquiry and reply to the F Urban Environment Improvement Project Association of the court of first instance, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant should pay to the plaintiff the balance of the lease deposit amount of the instant house and damages for delay for the lease deposit amount of KRW 15 million. The defendant's assertion 2) The lease contract is terminated where the plaintiff is unable to reside due to redevelopment project while leasing the instant house.