1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On May 3, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of 5 million won, monthly rent of 300,000 won (the 15th day of each month), and the lease period from May 14, 2014 to May 14, 2015 (hereinafter “instant lease agreement”).

Around that time, the Plaintiff paid the Defendant the lease deposit amount of KRW 5 million and resided in the instant house after being handed over.

B. Article 4 (Termination of Contract) of the instant lease agreement states, “The lessor may immediately terminate the instant contract when the lessee has failed to pay the rent more than twice consecutively or the lessee has violated Article 3 (Change of Use and Sub-lease, etc.).”

C. On July 24, 2015, the Defendant sent to the Plaintiff a certificate to the effect that “The Plaintiff is in arrears with the payment of KRW 300,000 for the rent from March 2015 to July 2015, and thus, violates Article 4 of the instant lease agreement, thus notifying the termination of the instant lease agreement as of the date of the first day.” On November 9, 2016, the Plaintiff sent to the Defendant a certificate to the effect that “The Plaintiff, on November 9, 2016, returned the deposit as soon as it was impossible to receive the deposit after the delivery of the instant house, would return it as soon as possible.”

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. The Plaintiff asserted that the instant house was delivered to the Defendant on February 2016 due to defects, such as water leakage, etc. of the instant house.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 1.7 million after deducting the Plaintiff’s total of KRW 3.3 million for the 11-month rent unpaid from March 2015 to February 2016, from the lease deposit amounting to KRW 5 million.

3. The Plaintiff entered into the instant lease agreement with the Defendant and paid the Defendant KRW 5 million deposit.