1. The plaintiff's claim is dismissed.

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

Facts of recognition

On October 25, 2013, the Defendant, as a lessee of the D Apartment No. 212, 703 (hereinafter referred to as the “instant apartment”) on the surface of 3 lots, Jeonyang-si, and three lots, notified the Plaintiff, a lessor, of the termination of the lease agreement. On April 15, 2014, the Defendant left the lease registration for the instant apartment at KRW 36,750,00,000, and went out around that time.

On August 26, 2015, the Defendant filed a lawsuit against the Plaintiff for a claim for the return of deposit against the Seoul Northern District Court 2014Kadan110232, which rendered a judgment that “the Plaintiff shall receive the instant apartment from the Defendant and, at the same time, pay 3,6750,000 won to the Defendant”, and the said judgment became final and conclusive around that time.

On November 2, 2015, the defendant applied for a compulsory auction on the apartment of this case to Gwangju District Court Netcheon-Support E according to the above final judgment.

On February 2, 2016, the Plaintiff deposited KRW 3,7750,000 as Seoul Northern District Court Decision 694,000,000,000 and KRW 3,77550,000,000 as stated in the above final judgment, and entered the “written confirmation of the name of the apartment in this case” in the deposit column.

The Plaintiff did not prepare and give written confirmation to the Defendant on the ground that the Defendant did not cancel the right of lease registration and did not deliver the key of the apartment of this case.

For this reason, the defendant is not paying the deposit money.

【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1, 2, Eul evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings, but the plaintiff is claiming to refuse compulsory execution with the above deposit to repay all obligations based on the final judgment. Thus, the above deposit is legitimate.

The duty to return the lease deposit of the lessor is the duty to fulfill first the lessee's duty to cancel the lease registration.

(See Supreme Court Decision 2005Da4529 delivered on June 9, 2005). As seen earlier, the letter of intention written in return for the above deposit must be drawn up to the Defendant.