1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On April 29, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 5 million, KRW 500,000 per month, and KRW 500,000 per month, and the lease term from May 6, 2015 to May 5, 2016 (hereinafter “instant lease agreement”) with respect to the Seocho-gu Seoul Building 204 (hereinafter “instant housing”), which is owned by the Defendant, and resided with the Defendant upon delivery of the instant housing.

After that, the instant lease agreement was implicitly renewed until May 5, 2017.

B. On January 24, 2017, there was an accident where sewage was discharged in the bend sewage outlet of the instant housing site (hereinafter “instant accident”), and the Plaintiff’s property suffered flood damage.

C. On March 9, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement as of March 20, 2017, stating that “The Defendant did not take any measure despite the occurrence of the instant accident, and is unable to reside in the instant house due to the Defendant’s neglect of management,” and the content-certified mail reached the Defendant around that time.

As to this, the Defendant was expected to terminate the lease contract of this case as of May 5, 2017, which is the expiration date of the term of validity which is implicitly renewed, and was notified that the lease deposit will be refunded on May 5, 2017, and did not comply with the Plaintiff’s notice of termination of the contract.

On March 20, 2017, the Plaintiff unilaterally set out the instant building from March 6, 2017 to March 20, 2017, paid KRW 266,130 to the Defendant the rent and management expenses, KRW 60,000, and water rate of KRW 10,000.

E. On May 5, 2017, the Defendant deducted the Plaintiff from the KRW 5,00,000 to the KRW 833,870,000, total amount of the rent and management expenses unpaid from March 21, 2017 to May 5, 2017, from the remainder of the lease deposit 4,166.