1. The Defendant’s KRW 70,000,000 and its annual rate from May 1, 2019 to November 27, 2019 to the Plaintiff.

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 8 (including each number number), the plaintiff entered into a lease agreement with the defendant on June 28, 2018, stating that the lease deposit amount is KRW 70 million with respect to Eul (hereinafter "the housing of this case"), the contract period is from July 24, 2018 to July 23, 2020, and the tenant shall pay damages for delay at the rate of 5% per annum if the defendant delays the return of the lease deposit after the contract cancellation (hereinafter "the lease of this case"). The plaintiff could not receive the housing of this case since the third party already resides in the move-in report, and the plaintiff could not receive the above lease of this case from the defendant by the delivery of the lease deposit of this case by the reason of the return of the lease deposit to the defendant on March 28, 2019.

Therefore, inasmuch as the instant lease agreement was lawfully rescinded, the Defendant is obligated to pay the Plaintiff a deposit of KRW 70 million and damages for delay from May 1, 2019, which is the following day after the Plaintiff sought payment thereof.

The Plaintiff claimed 5% of the annual damages for delay during the period from March 29, 2019 to April 30, 2019, the day following the day on which the Plaintiff notified the termination of the contract. However, it is not sufficient to acknowledge that the Plaintiff claimed the refund of the instant lease deposit before April 30, 2019 only by the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim for this portion is without merit.

The Defendant is E with the actual owner of the instant house, and it is merely the trustee who received the title trust of the instant house from E, and thus, the instant lease deposit.