1. The plaintiff's claim is dismissed.

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

1. The facts below the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in each entry of Gap evidence Nos. 1, 2, Gap evidence Nos. 7 to 9, and Eul evidence No. 9 and 10.

The plaintiff is a lessee who has concluded a lease contract with the whole building Gangnam-gu Seoul Metropolitan Government (the ground 1st to the third floor, hereinafter referred to as "the building in this case"), and the defendant is a lessor of the building in this case.

B. On May 21, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 200 million, monthly rent of KRW 15 million, and the lease term from June 30, 2014 to June 29, 2016.

Accordingly, the Plaintiff paid KRW 200 million (hereinafter “instant lease deposit”) to the Defendant.

C. On February 23, 2015, the Defendant notified the Seoul Central District Court 2014Da1350 of compulsory execution on the ground that the Plaintiff failed to pay the monthly rent more than twice.

Accordingly, the Plaintiff removed from the instant building on May 13, 2015, but the Plaintiff’s goods, which were installed in the instant building, were left as they were.

On July 3, 2015, the Plaintiff removed all the goods installed in the instant building and returned the key to the instant building and ordered the instant building to be ordered.

On July 8, 2015, the Defendant deposited 24,946,867 won with the Seoul Central District Court No. 14636 in the amount of KRW 135,00,000,000, the unpaid rent of KRW 135,000,00, and other incidental expenses, and KRW 40,053,133, which was the sum of KRW 175,053,133, which was deducted from the unpaid rent of KRW 200,00,00,000.

2. Determination

A. After the conclusion of the instant lease agreement as to the cause of claim terminated, the fact that the Plaintiff returned KRW 24,946,867 to the Plaintiff on July 8, 2015, deducting KRW 175,05,000,000 from KRW 175,053,133, out of the rental deposit, is no dispute between the parties.

Therefore, there are special circumstances.