1. The plaintiff's claim is dismissed.

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

Basic Facts

On May 12, 2011, the Plaintiff agreed to lease the D Apartment E (hereinafter “instant apartment”) of Seoul Special Metropolitan City, Nowon-gu, for the lease deposit of KRW 270,000,000 and for the lease period from May 12, 201 to July 10, 2013.

After that, upon the death of C, on June 29, 2015, the Plaintiff concluded a lease contract extended on July 11, 2017 between the Defendant who succeeded to the instant apartment and KRW 330,000,000 increased by KRW 60,000 (= KRW 60,000,000), and the lease term extended on July 11, 2017.

On April 6, 2017, a three-month period from the termination date of a lease agreement, the Plaintiff notified the Defendant of his/her intention to refuse to renew the lease agreement, and on July 11, 2017, the term of the lease was expired.

On July 12, 2017, the day following the expiration date of the lease term, the Plaintiff applied for the order of lease registration concerning the instant apartment as Seoul Northern District Court 2017Kadan10050, and completed the lease registration on July 26, 2017.

(A) On July 28, 2017, the Defendant, including the Defendant’s deposit for repayment, deposited with the Plaintiff, the deposited amount of KRW 330,000,000, and the deposit terms and conditions, pursuant to Article 487 of the Civil Act, which read the “delivery of the instant apartment.”

On the other hand, on July 27, 2017, the Plaintiff: (a) transferred all movable property located in the instant apartment, and (b) transferred resident registration; and (c) around August 2, 2017, the Plaintiff notified the Defendant of the phone password by text messages, thereby completing the obligation to return the object by notifying the Defendant of the phone password.

(A) On August 23, 2017, the Defendant for receipt of the deposit money submitted an application for correction to the deposit court, stating that the terms and conditions of the deposit “delivery of the instant apartment.”

On August 28, 2017, the Plaintiff reserved an objection and filed an application for withdrawal of KRW 330,000,000 as the deposit money and received it.

(A) Evidence 10.