1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff is the owner who completed the registration of ownership transfer on April 27, 2014 with respect to D Apartment No. 400 (hereinafter “instant real estate”) on the fourth floor outside Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant real estate”).

On June 25, 2008, the Defendant leased the instant real estate by setting the lease deposit amount of KRW 300 million, the lease term from August 29, 2008 to August 28, 2010.

Then, on September 24, 2013, the above lease contract was renewed. On September 24, 2013, the Defendant concluded a lease contract with E, setting the lease deposit amount of KRW 360 million, and the lease term of the instant real estate from September 30, 2013 to September 29, 2015 (hereinafter “instant lease contract”).

The Plaintiff acquired the ownership of the instant real estate and succeeded to the entirety of the instant lease agreement.

On November 10, 2015, the Defendant returned the remainder of KRW 358 million after deducting the cost of replacing the floor of the instant real estate, which was promised to be borne by the Defendant, from the Plaintiff, among KRW 360,000,000,000, from the Plaintiff’s KRW 360,000,000, and handed over the instant real estate to the Plaintiff.

[Ground of recognition] The lease contract of this case was terminated on April 28, 2015 due to the termination of agreement between the original defendant and the plaintiff on April 28, 2015.

On April 29, 2015, the Plaintiff originally decided to move into the G Apartment 2 Dong 307 (hereinafter “G apartment”). However, upon the termination of the agreement of the instant lease agreement, the Plaintiff waived the plan to move into G apartment in order to return the instant lease deposit to the Defendant, and instead entered into a lease agreement on G apartment and H apartment non-Dong 601 (hereinafter “H apartment”) in Gangnam-gu Seoul, Seoul, and the Plaintiff is deemed to move into the instant real estate when the Defendant delivered the instant real estate.