1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The facts following the facts are acknowledged as follows: Gap evidence No. 2,9,10,11,12, and13; and Eul witness of the first instance trial in full view of the purport of the entire pleadings.

A. B around July 10, 2004, the Defendant leased part of the second floor No. 203 and No. 204 of the Nam-gu Seoul metropolitan apartment shop (hereinafter “instant building”) from the Defendant and operated a private teaching institute until January 2012.

B. Around January 2012, the deposit of the above lease was KRW 35,000,000, and around that time, B requested the Defendant to consent to the transfer of the said lease or change of the lessee to transfer the right to operate the said private teaching institute to the Plaintiff.

C. On January 25, 2012, the Plaintiff and the Defendant drafted a lease contract with a period of twenty-four months from January 25, 2012, and security deposit of thirty-five thousand won,00,000 won (hereinafter “instant lease”). The said contract contains a stipulation that KRW 35,00,000 has been paid at the time of the contract, and the Defendant’s seal is affixed on the end of the right side.

From around that time, the Plaintiff issued a notice of termination of the lease to the Defendant on June 2, 2015, which operated a private teaching institute in the instant building, and sent the keys by mail around July 13, 2016 after the Plaintiff removed from the building at the time of influence.

2. The parties' assertion

A. The Plaintiff paid the security deposit to the Defendant and returned the security deposit to B in the absence of the Plaintiff’s / Defendant and B. Since the instant lease was terminated and the object was delivered thereafter, the Defendant is obligated to return the security deposit to the Plaintiff.

B. The Defendant’s failure to pay the deposit and thus rescinding the instant lease agreement, thus, cannot respond to the Plaintiff’s claim.

3. Determination

A. As long as the authenticity of a disposal document is recognized, the court shall have the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof that denies the content of the statement.