1. The judgment of the court of first instance is modified as follows.

The Seoul Central District Court B real estate compulsory auction case.

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: (a) the part below 3-B out of the reasoning of the judgment of the court of first instance excluded from being used in the same manner as that of the judgment of the court of first instance, and thus, (b) the same is identical to that

The summary of the part is that the Defendant paid the above lease deposit to the lessor C by leasing the instant building in KRW 70,000,000 as the lease deposit, and KRW 200,000 as the monthly rent on March 25, 2011. Thus, the Plaintiff’s assertion that the Defendant is the lessee who entered into the instant lease agreement to obtain unjust benefits by abusing the Housing Lease Protection Act cannot be accepted.

2. Parts to be dried;

B. We examine the Plaintiff’s assertion that the lease deposit paid by the Defendant is limited to KRW 4,00,000, and the Defendant did not pay monthly rent from May 2013 to May 54, 2013, and thus, the amount of the rent should be deducted from the lease deposit.

First, as to the claim that the lease deposit paid by the Defendant is merely KRW 4,00,000,000, it can be acknowledged that the Defendant paid KRW 70,000 to C as seen earlier, and thus, the Plaintiff’s assertion on this part is rejected.

Then, this paper examines the argument that the amount of the rent unpaid by the defendant should be deducted from the deposit for lease.

The security deposit received in a lease agreement shall guarantee all the obligations of the lessee under the lease, and the amount equivalent to the secured obligation shall be naturally deducted from the security deposit without any separate declaration of intention, unless special circumstances exist when the object is returned after the termination of the lease relationship.

In the event of a lease agreement in a lease agreement, the lessee bears the burden of proof as to the termination of the lease claim, etc. to be deducted from the lease deposit.