1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

1. In the first instance court’s trial scope, the Plaintiff’s principal lawsuit completed the transfer of the apartment of this case to the Defendant’s execution deposit of KRW 170,000,000 from the day following the completion of the transfer of the apartment of this case, and then the Defendant claimed damages for delay due to delay in the return of the deposit money. The Defendant, as a counterclaim, filed a claim for cancellation of the registration of the lease on a deposit basis, and a claim for damages due to delay

The first instance court dismissed the plaintiff's principal claim, and accepted the claim for cancellation of the registration of the right to lease on a deposit basis of the defendant's counterclaim, and dismissed the claim for damages caused by delay of performance.

As to this, the defendant did not appeal but appealed against the part against the plaintiff only, the subject of adjudication of this court is limited to the claim against the plaintiff and the claim for cancellation of the registration of the creation of the right to lease on a deposit basis of this case.

2. cite the judgment of the court of first instance

A. The grounds for appeal by the Plaintiff do not differ from the allegations in the first instance court, and it is recognized that the fact-finding and judgment by the first instance court are legitimate even if each evidence submitted by the first instance court was presented by this court.

Therefore, the reasoning of the judgment by the court concerning the instant case is as follows, except for the addition of “A. Additional Determination” as to the matters asserted by the Plaintiff as the grounds for appeal, and thus, it is identical to the grounds of the judgment of the court of first instance. Therefore, it is cited as it is in accordance with Article 420 of

B. The plaintiff's failure to perform his duty to cancel the registration of the establishment of the right to lease on a deposit basis of this case is due to provisional attachment by the plaintiff's creditor B, and if the defendant immediately deposited the execution at the time of delivery of the apartment of this case, the provisional attachment becomes null and void, and accordingly, it is possible to cancel the registration of the right to lease on a deposit basis of this case.