1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. On June 18, 2015, the Plaintiff entered into a lease agreement with the Defendant and Ansan-si, setting the lease term of KRW 325,00,00 for the lease deposit from August 4, 2015 to August 4, 2017, with respect to D apartment E on the ground (hereinafter “instant apartment”) on one parcel of land, other than the Defendant and Ansan-si, and paid the lease deposit to the Defendant around that time.

B. On July 28, 2017, the Plaintiff concluded a lease contract with the Defendant and the instant apartment at a fixed lease period from August 4, 2017 to August 4, 2019, setting lease deposit as KRW 340,00,000 (hereinafter “instant lease contract”), and paid the additional lease deposit to the Defendant.

C. The instant lease agreement expired on August 4, 2019, and the Plaintiff delivered the instant apartment to the Defendant on September 19, 2019.

On October 1, 2019, the Plaintiff and the Defendant drafted a written confirmation of withdrawal and cancellation of the lease registration order (Evidence A; hereinafter “instant written confirmation”) stating that “If the Defendant pays the Plaintiff the remainder of the lease deposit to KRW 36 million and KRW 5 million, the Plaintiff shall withdraw the lease registration order and cancel the execution of the instant apartment.”

Paragraph 3 of the letter of confirmation of this case states that "the agreement under Paragraph 2 shall be limited to the withdrawal of the order of lease registration and the cancellation of the execution thereof, and shall not include stamp fees, service fees, and other transit certificates according to the lawsuit claiming the return of lease deposit and expenses for the appointment of an attorney."

On October 1, 2019, the Defendant paid to the Plaintiff the remainder of the lease deposit amount of KRW 36 million and KRW 5 million.0 million.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 6, 7, and 8 (including branch numbers), and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was terminated on August 4, 2019, and the Plaintiff delivered the instant apartment on September 19, 2019 to the Defendant. As such, the Defendant was on September 20, 2019, which is the day following the delivery date.