1. The defendant shall pay the plaintiff KRW 40,000,000.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Basic Facts

On November 22, 2011, the Plaintiff entered into a real estate lease agreement with C and D, setting the lease deposit amount of KRW 45,000,000, and the period from December 2, 201 to December 2, 2013, and had E, a handman, a handman, reside in the instant house.

The lease agreement on the instant real estate was renewed on December 2, 2013, with the purport of extending the lease agreement up to December 2, 2015. Although the lease agreement on the instant real estate was expired on December 2, 2015, it has been implicitly renewed and continued.

On March 3, 2015, the Defendant purchased a building listed in the attached list of real estate and succeeded to the status of a lessor as to the instant real estate after completing the registration of ownership transfer in the future of the Defendant on May 11, 2015.

E died on April 14, 2017, and around July 2017, the lease contract on the instant real estate was terminated by agreement between the parties.

[Grounds for recognition] There is no dispute, and according to the facts of recognition as above, Gap evidence Nos. 1, 4, 5, 14, and 18 (including the number of branch numbers) and the fact that the lease contract of this case concerning the real estate was terminated on or around July 2017, the defendant, a lessor, is obligated to return the lease deposit amount of KRW 45,00,000 to the plaintiff, a lessee, barring special circumstances.

The defendant asserted on October 27, 2015 to March 19, 2017, the defendant received a certificate of loan from E on April 4, 2017 and paid KRW 17,00,000 out of the lease deposit.

E It is inevitable that F will become a tenant of 1st floor due to damage caused to neighbors, such as dumping waste, etc. by the Defendant made the loan on August 31, 2015, and the Defendant suffered from the loan on August 31, 2015, the amount equivalent to KRW 1,248,199, which was the loan interest of KRW 1,248,199, and around that time, 1st floor of the above land is without the lessee for 24 months from that time.