1. The judgment of the court of first instance is modified as follows.

The defendant shall use the building in the attached list from the plaintiff.

1. Facts of recognition;

A. On October 25, 2004, the Plaintiff entered into a housing lease agreement (hereinafter “instant lease agreement”) with the Defendant on a set of two-year lease deposit, four million won, and two-year lease period with respect to the building listed in the attached list (hereinafter “instant building”). On the same day, the Plaintiff paid the Defendant the lease deposit amount of KRW 24 million (hereinafter “the instant deposit”). On the same day, the Plaintiff was handed over the instant building from the Defendant.

B. On March 7, 2017, the instant payment order, which included the Plaintiff’s expression of intent to terminate the instant lease, was delivered to the Defendant after the lease term expires.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the instant lease agreement was lawfully terminated on June 8, 2017 after three months from the date on which the Defendant received the notice of termination pursuant to Article 2 of the Housing Lease Protection Act, and barring any special circumstance, the Defendant is obligated to pay the instant deposit and damages for delay to the Plaintiff, barring any special circumstance.

3. Judgment on the defendant's defense

A. The defendant's defense shall deduct management expenses of KRW 10,40,000,000,000, which are calculated as management expenses of KRW 40,000 per month from October 25, 2004 to December 25, 2006, and the management expenses of KRW 7,140,000,000, which are calculated as management expenses of KRW 5,000 per month from December 26, 2006 to February 25, 2017, from the deposit of this case, the management expenses of KRW 6,140,00,00,000, and the electricity and urban gas user fees of this case shall be deducted from the deposit of this case, and the deposit

B. The duty to return the deposit to the lessor is terminated only when the remainder after deducting all the obligations of the lessee, such as the overdue rent accrued until the property is returned, from the deposit, is due.