1. The Defendant’s KRW 98,280,640 for the Plaintiff and KRW 5% per annum from September 28, 2017 to March 18, 2020 for the Plaintiff.

1. Facts of recognition;

A. On November 18, 2013, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and Songpa-gu Seoul apartment D (hereinafter “instant apartment”) with the Defendant setting the lease period of two years from December 20, 2013 to December 20, 2015, and the lease deposit of 540 million won as KRW 54 million on the date of the contract, and the remaining KRW 486 million was paid on December 20, 2013, and entered into a lease agreement (hereinafter “instant apartment”). At the same time, the Plaintiff and the Defendant resided in the instant apartment after delivery of the instant apartment.

B. During the termination of the lease contract of this case and the failure to refund the deposit, the public auction procedure regarding the apartment of this case was initiated upon the application by the Commissioner of the Korea Tax Office following the Defendant’s default of taxes.

Accordingly, the apartment of this case was sold through the public auction procedure, and the plaintiff was paid only the remainder after deducting the amount of KRW 98,280,640,000 from the deposit amount of KRW 540,000,000 in the public auction procedure commenced in the apartment of this case

In addition, the Plaintiff delivered the instant apartment on September 27, 2017 to the Defendant to receive the said deposit.

[Ground for recognition] Unsatisfy

2. Determination:

A. Accordingly, the Defendant is obligated to pay the Plaintiff the deposit amounting to KRW 98,280,640, and the damages for delay at the rate of 5% per annum from September 28, 2017, which is the day following the delivery date of the instant complaint, to March 18, 2020, and 12% per annum from the next day to the day of full payment.

B. As to this, the defendant alleged that the plaintiff did not receive some of the deposit for lease in the above auction procedure from the wind that the plaintiff moved his resident registration to another place and lost the right to preferential payment of the housing lessee, which constitutes a cause attributable to the plaintiff, but such circumstance does not constitute a cause attributable to the plaintiff. However, the defendant's contractual obligation to return

3. Conclusion of the Plaintiff’s claim