1. The Defendant’s KRW 20,000,000 as well as its annual 5% from August 24, 2019 to February 12, 2020 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is the owner of the D Building E (hereinafter “instant house”) located in Suwon-si, Suwon-si, Seoul and one parcel.

B. On April 19, 2016, the Defendant concluded the instant lease agreement between the Plaintiff and the Plaintiff, setting the contract term from May 16, 2016 to May 15, 2018 with respect to the instant housing as KRW 130 million and the deposit amount as KRW 130 million.

The Defendant paid the above deposit to the Plaintiff.

C. The instant lease contract was implicitly renewed on May 16, 2018.

On March 9, 2019, the Plaintiff notified the Defendant’s husband of the termination of the instant lease agreement, and around May 14, 2019, the date of the Plaintiff’s director (referring to the date the Plaintiff transferred the instant house to the Defendant, and the date the deposit was returned from the Defendant) between the Defendant’s husband and the Defendant’s husband was finalized on July 10, 2019.

E. After that, between F and F on May 27, 2019, the Plaintiff entered into a lease contract between F and F for two years from July 10, 2019 with respect to the G building H in Suwon-gu, Suwon-si, Suwon-si, and paid 20 million won the down payment to F.

F. However, on July 9, 2019, the Defendant’s husband was likely to pay the instant lease deposit to the Plaintiff on the day following the date of the Plaintiff’s director, and the Plaintiff would also bear the down payment that the Plaintiff paid for the lease of a new residence. As such, the Defendant’s husband sent a written message requesting to do so.

G. Accordingly, on July 9, 2019, the Plaintiff renounced the down payment of KRW 20 million, which was paid between F and F, and rescinded the said lease agreement by agreement.

H. After that, the Defendant paid to the Plaintiff all of KRW 130 million of the deposit for the lease on a deposit basis, and the Plaintiff delivered the instant house to the Defendant on November 29, 2019.

[Ground of recognition] Facts without dispute, entries and recording files of Gap evidence Nos. 1 through 13 (including paper numbers) and the purport of the whole pleadings

2. The party's assertion and judgment

A. The gist of the Plaintiff’s assertion 1: the Defendant made the deposit to the Plaintiff by July 10, 2019.