1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On January 7, 2008, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) to increase the lease deposit amount to KRW 160,000,000 (hereinafter “instant lease deposit”) on March 14, 2012, when entering into a real estate lease agreement with the term of lease from March 14, 2008 to March 13, 2010, and the lease deposit amount to KRW 110,000 (hereinafter “instant lease agreement”).

B. Around February 2017, the Plaintiff and the Defendant agreed to terminate the instant lease agreement on March 30, 2017, and the Plaintiff was a director of the instant housing around March 29, 2017.

C. On March 30, 2017, the Defendant paid KRW 125,893,100, which is a part of the instant lease deposit, to the Plaintiff.

The Plaintiff requested the Defendant to return the remaining lease deposit, but as the Defendant refused it on the ground of the deduction of the cost of reinstatement, the Plaintiff filed an application for the registration of the house lease as Seoul Eastern District Court 2017Kadan69, and on April 7, 2017, the Plaintiff completed the registration of the house lease on April 17, 2017 upon receipt of the house lease registration order (hereinafter “instant house lease registration order”).

On April 3, 2017, the Defendant additionally paid KRW 29,106,90, which is a part of the instant lease deposit, to the Plaintiff. On May 31, 2017, the Plaintiff refused to return the instant house auxiliary key to the Defendant on the ground that the instant lease deposit was not repaid.

E. On May 15, 2017, the Defendant raised an objection against the instant order of lease registration (Seoul Eastern District Court 2017Kau97). On September 19, 2017, the Plaintiff withdrawn the application for the instant order of lease registration, and the said registration was cancelled on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3-1, 10, 35, and the purport of the whole pleadings.