1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On February 26, 2007, the Plaintiff leased the lease deposit amount of KRW 50 million to the Defendant, which is the Plaintiff’s owner, (hereinafter “instant officetel”), from March 9, 2007 to March 8, 2008 (hereinafter “instant lease contract”). At that time, the Plaintiff handed over the instant officetel to the Defendant.

B. In order to secure the Defendant’s claim for the return of the lease deposit as prescribed by the instant lease agreement, the Plaintiff completed the registration of the establishment of chonsegwon (hereinafter “right to lease on a deposit basis”) with the Seoul Central District Court’s Branch Office No. 20466, Apr. 6, 2007.

After that, the instant lease agreement was renewed once, and the Plaintiff returned KRW 48,110,00 to the Defendant around February 5, 2009 upon the termination of the said lease agreement, but the Defendant did not cancel the registration of the establishment of the instant lease on a deposit basis.

E. Meanwhile, on September 15, 2017, the Plaintiff sold the entire building, including the instant officetel, to E and one other, KRW 2.45 billion, and received down payment KRW 245 million.

F. On October 31, 2017, the Plaintiff remitted KRW 1890,00 to the Defendant. On November 1, 201, the registration of cancellation of the instant chonsegwon was completed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff, while leasing the instant officetel to the defendant, was paid KRW 70,000 monthly management expenses. Around February 5, 2009, the lease contract was terminated, the plaintiff returned the remainder lease deposit, which deducted the management expenses for the period of 21 months, and the total amount of public charges, such as electricity charges, etc. (i.e., management expenses amounting to KRW 1470,000,000) from the defendant (i.e., KRW 420,000).