1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. A. Around September 2008, the Plaintiff entered into a lease agreement on the instant building with D, the owner of the second floor building located on the land (hereinafter “the instant building”) located on the land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the instant building”). Around that time, the Plaintiff paid the said security deposit, and used the instant building for commercial buildings and residential buildings upon delivery.

B. Around May 2015, the Defendant purchased the instant building from D, and succeeded to the said lease agreement between D and the Plaintiff, and thereafter, entered into a contract to renew the said lease agreement with the Plaintiff.

C. On September 1, 2017, the Plaintiff and the Defendant concluded a lease contract with a lease deposit of KRW 5 million (24 months) from September 1, 2017 to August 31, 2019 (24 months), and with a rent of KRW 4,50,000 per annum (hereinafter “instant lease contract”) (hereinafter “instant lease contract”) again. According to the special agreement, the Plaintiff and the Defendant determined that “if a lessee gets a commercial building before the expiration of the lease term (if a director), the lessor returns the remainder of the deposit and monthly rent, without any condition, to the lessor.”

On the other hand, the Plaintiff paid a rent under the instant lease agreement to the Defendant in advance.

On April 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and demanded the Defendant to return KRW 5 million and KRW 1,500,000,000,000 for four months after the notice of termination, among the rents paid in advance and the rents paid in advance.

E. The Plaintiff set up the instant building, as the Defendant did not return the deposit and the foregoing prepaid car, and opened the key to the instant building on December 11, 2019 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 8 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. As seen earlier, the Plaintiff, a lessee, is under the lease term, the content of the instant lease agreement.