1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Facts of recognition;

A. On September 9, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease one of the three floors located in Yangyang-gun C, Gyeonggi-do (hereinafter “instant lease agreement”) owned by the Defendant, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 300,000, and the lease term of KRW 24 months from September 9, 2017.

B. Around that time, the Plaintiff paid the lease deposit to the Defendant, and used the lease deposit with the household, harmony, etc. that received the part of the lease of this case from the Defendant, and paid the lease fee to September 8, 2018, and on October 18, 2018, the leased part of this case was unlawfully changed to the Defendant’s residence, and the leased part was falsely agreed to change the use of the warehouse to the residence, and the contract that no one can reside due to Fung, etc., and the above notification was sent to the Defendant around that time.

C. On November 3, 2018, the Plaintiff moved an article from the leased area of this case to the Defendant on November 17, 2018, and then returned the key to the leased area of this case to the Defendant on the 17th day of the same month. On November 27, 2018, the Defendant deposited KRW 9,310,000, the balance obtained by deducting the unpaid rental fee from KRW 690,000,000 on the ground that the Plaintiff refused to receive the return of the lease deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 7, Eul evidence 10 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the leased portion of the instant lease was leased to use it as a residence, and the leased portion of the instant lease becomes “warehouse” on the building ledger, and the Plaintiff breached his/her duty to maintain the conditions necessary for the use and profit-making of the leased object as he/she is unable to occupy due to mycosse odor, etc., and on this ground, the Plaintiff terminated the lease on October 18, 2018.