1. The defendant shall pay to the plaintiff KRW 65,606,613 as well as 12% per annum from August 28, 2020 to the day of complete payment.

1. Facts of recognition;

A. On July 31, 2018, the Plaintiff entered into a lease agreement with the Defendant to lease D Apartment E (hereinafter “instant apartment”) on the leased deposit with the Defendant, racing-si (hereinafter “instant apartment”) for the period from August 1, 2018 to July 31, 2020, with the term of KRW 90,000,000,000, and the lease period from August 1, 2018.

(hereinafter “instant lease agreement”). B.

The plaintiff paid 90 million won to the defendant around that time and received the delivery of the apartment of this case.

C. However, on August 17, 2018, the Defendant borrowed money from the F Association as collateral for the instant apartment, and accordingly, the establishment registration of the mortgage over the instant apartment was completed with respect to the instant apartment amount of KRW 60,000,000,000,000,000,000 won.

On June 5, 2019, the Defendant was unable to repay the above loans, and the voluntary auction procedure was initiated regarding the instant apartment on the basis of the foregoing collateral security (Seoul District Court racing support G). In the above auction procedure, the instant apartment was awarded to the third party, and the Plaintiff ordered the successful bidder on August 27, 2020 to order the instant apartment to be awarded on the successful bidder.

(14,393,387 won was paid to the plaintiff). [Grounds for recognition] Gap 1, 2, and 3, the purport of the whole pleadings.

2. According to the facts of the above recognition, the defendant, who is obligated to allow the plaintiff to use the apartment of this case under the lease contract of this case, failed to perform his duty, and on this ground, the delivery of the copy of the complaint of this case, stating the plaintiff's declaration of intent to terminate the lease contract of this case, to the defendant is obvious in the record, so the lease of this case was terminated.

Therefore, the Defendant is obligated to return the deposit under the instant lease agreement to the Plaintiff, and the fact that the Plaintiff received dividends of KRW 14,393,387 in the voluntary auction procedure for the instant apartment is as seen earlier, and the Plaintiff on August 31, 2018 from the Defendant.