1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's preliminary claim corresponding to the revoked part is revoked.

1. Scope of the judgment of this court;

A. At the first instance court around June 13, 2017, the Plaintiff filed a claim for restitution of the contract termination and compensation for damage on the ground of the Defendant’s nonperformance on the premise that the lease contract concluded with the Defendant with respect to the Seo-gu Seoul (hereinafter “instant real estate”) is valid, and filed a claim for restitution of the contract deposit paid on the premise that the lease contract concluded with the Defendant was not concluded on June 26, 2017.

The first instance court dismissed the main claim and partly accepted the conjunctive claim, and only the defendant appealed against it.

B. In a case where the court of the first instance appealed against the dismissal of the main claim and the pronouncement of the judgment citing only the conjunctive claim, the main claim cannot be the subject of adjudication unless there is any incidental appeal by the plaintiff, since the effect of the appeal is naturally limited to the whole of the case and the part concerning the main claim is also remanded to the appellate court. However, the scope of the appellate court's trial is limited to the legitimacy of the judgment of the court of the first instance which accepted the conjunctive claim by the defendant.

(See Supreme Court Decision 2002Meu852 delivered on December 26, 2002). C.

Therefore, in this case where only the defendant appealed against the defendant, and the plaintiff did not file an incidental appeal, the scope of the trial of this court is limited to the plaintiff's conjunctive claim.

2. Facts of recognition;

A. (1) On June 4, 2017, the Plaintiff and the Defendant entered into a lease agreement on the instant real estate, and the Plaintiff paid KRW 2,000,000 to the Defendant. A licensed real estate agent E mediated a lease agreement between the Plaintiff and the Defendant. (2) On June 13, 2017, the Plaintiff and the Defendant: (a) KRW 400,000 of the lease deposit for the lease agreement on the instant real estate; (b) from July 13, 2017 to July 12, 2019; and (c) KRW 40,000,000 on the date of the lease agreement.