1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On October 11, 2004, the Plaintiff leased a 99 square meters of 165 square meters of 165 square meters of the third floor of a building located in the Dong-gu, Busan (hereinafter “instant building”) in the said building from D, which was the owner of the said building, and operated the private teaching institute. The Defendant purchased the said building from D and completed the registration of ownership transfer on the ground of sale and purchase on November 3, 2015.

B. After the Defendant purchased the instant building on November 30, 2015, the Plaintiff entered into a new lease agreement on the instant building (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 15 million, KRW 400,000 per month, and the lease term of KRW 100,000 per month, October 10, 2016. The said lease agreement was implicitly renewed even after the expiration of the said term.

C. After February 7, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds that the pertinent private teaching institute was closed. On May 21, 2017, the period of three months thereafter, the Plaintiff delivered the instant building to the Defendant. However, on May 23, 2017, the Defendant returned only the remainder of KRW 9,93,00,000, after deducting the total of KRW 5,200,000, including the overdue rent and management fee, and KRW 1,53,000, including the overdue rent and management fee, and KRW 1,200,000 from the construction cost of the Incheon Tech, and KRW 2,360,00,000 from the restoration cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 7, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated, and accordingly, the plaintiff delivered the building of this case to the defendant. Thus, the defendant is obligated to return to the plaintiff the remainder deposit 13,467,000 won (=15,000,000 won - 1,533,000 won), excluding the unpaid rent and management fee in arrears, which the plaintiff deducted from the deposit 15,000,000 won (i.e., KRW 15,53,000).

However, since the defendant returned KRW 9,907,00 to the plaintiff, the remaining KRW 3,560,000 (=13,467,000 - KRW 9,907,00) and.