The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. Facts of recognition;

A. On June 15, 2016, the Plaintiff entered into a lease agreement with the Defendant on the lease that sets up a deposit of KRW 5 million, monthly rent of KRW 4.5 million, and the period from June 17, 2016 to June 16, 2017 (hereinafter “instant lease agreement”). (b) On June 16, 2016, the Plaintiff paid the Defendant the deposit money by remitting the said lease agreement of KRW 50 million to the Defendant on June 16, 2016, and KRW 4.5 million on June 17, 2016.

(c)

Around June 2016, E, the Plaintiff’s land, occupied the building of this case.

E on July 8, 2017, delivered the instant building to the Defendant and leased the F of the same building.

(d)

On October 23, 2019, the Plaintiff sent to the Defendant a certificate to return KRW 5 million deposit of the lease of this case.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 to 3, and the purport before pleadings

2. Assertion and determination

A. The plaintiff alleged by the parties has delivered the building of this case to the defendant after the expiration of the lease term of this case, and the defendant is obligated to return the lease deposit amount of five million won to the plaintiff.

The argument is asserted.

The Defendant only lent the lease deposit of KRW 5 million to E, and the actual lessee is E, and paid KRW 2,339,750, which deducts the unpaid rent and management fee on July 8, 2017, and returned all the lease deposit to E, and the Plaintiff consented to the return of the lease deposit settled to E.

The argument is asserted.

B. As of July 8, 2017, the fact that the remainder of the deposit for lease as of July 8, 2017 (5 million won = the deposit for lease + the amount of 47,080 won for long-term repair + the amount of 2,565,000 won in arrears for five months - the amount of 21 days in arrears (142,30 won in management expenses - the amount of 142,330 won) is either disputed between the parties or recognized by the evidence of subparagraph 3, and the evidence of subparagraph 5-1 in the evidence of subparagraph 5.

On the other hand, according to the whole purport of evidence Nos. 1 to No. 8 and pleading No. 1 to No. 8.