1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. On July 19, 2017, the Defendants: (a) leased the lease deposit amount of KRW 5,000,000; (b) monthly rent of KRW 350,000; and (c) from July 21, 2017 to July 20, 2018; and (d) on the same day, D paid the Defendants KRW 5,000,000 to the said deposit amount.

B. The above D did not notify the Defendants that the lease contract will not be renewed one month prior to the expiration of the above lease term, and notified the Defendants that the contract will be terminated at the time of the expiration of the above lease term, and withdrawn from the instant real estate.

C. After seeking a new lessee, the Defendants returned KRW 3,941,350 out of the lease deposit to D on September 13, 2018.

D On September 13, 2018, the Plaintiff transferred the right to refund the lease deposit to the Plaintiff, and notified the Defendants of the transfer of the deposit at that time.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion D paid KRW 5,00,000 to the Defendants, notified the termination of the contract three days prior to the expiration of the lease term, and delivered the instant real estate at the same time as the lease term expires.

However, the Defendants returned only KRW 3,941,350 out of the lease deposit on September 13, 2018 when two months have elapsed from the expiration date of the lease term.

Accordingly, the Plaintiff, who was assigned the right to refund the above lease deposit from D, sought payment of KRW 1,058,650 (=5,000,000 - KRW 3,941,350) and damages for delay, KRW 1,000,000 (=2 months x 500,000 per month) and damages for delay.

B. After the expiration of the lease term, the above lease agreement for the defendants' assertion was renewed in accordance with Article 6 (1) of the Housing Lease Protection Act, but the defendants are now at the new lessee for the convenience of D.