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 June 30, 2018, the Plaintiff: (a) between the Defendant and the Defendant, the Plaintiff concluded a lease deposit amounting to KRW 45 million (payment of KRW 41 million upon entering into a contract deposit; (b) the remainder of KRW 41 million; and (c) the period from July 12, 2018 to July 12, 2020; (d) the Plaintiff agreed that the down payment will be the basis for compensation for damage if the Defendant fails to perform the contractual terms; and (e) the Defendant would cancel three registrations completed with respect to the instant apartment; and (e) the Plaintiff concluded a lease agreement to reduce the maximum debt amount for the establishment of a neighboring mortgage (hereinafter “instant lease agreement”).

B. On June 26, 2018, prior to the conclusion of the instant lease agreement, the Plaintiff paid each of the Defendant KRW 1 million as a provisional contract deposit, and on June 30, 2018, the date of concluding the instant lease agreement, KRW 3 million as the remainder down payment.

C. On July 12, 2018, the Plaintiff paid the remainder of KRW 41 million to the Defendant at the licensed real estate agent’s office. The Defendant left the said money to the Defendant’s licensed real estate agent to cancel the registration of seizure.

The plaintiff tried to clean the apartment in this case upon paying the balance as above, but the defendant's parents, who had been in the apartment in this case, prevented the plaintiff from moving.

E. Accordingly, the Plaintiff and the licensed real estate agent provided several phone calls to the Defendant, but the Defendant did not receive the phone, and the Plaintiff notified the Defendant of the fact that “I would cancel the instant lease if I would not take measures to enable directors by 18 hours per day,” through text messages around July 12, 2018. The Defendant did not respond to the foregoing text messages, and the Defendant did not take any measures to prevent the Plaintiff’s director’s street. On the same day, around 18:05 on the same day.