1. The defendant shall have a 90 square meters general restaurant for the single-story of the prefabricated group of the C ground-based prefabricated group, the plaintiff from the plaintiff in Sungsung-si.

1. The Defendant, as the owner of the instant building, set the lease deposit amount of KRW 40 million to D around 200.

On June 1, 2016, the plaintiff and the mother E, the mother of the plaintiff, decided to purchase the building of this case from the defendant in the future, and have received delivery of the building of this case from D with the defendant's consent, and operated the restaurant from that time.

The Plaintiff, from May 10, 201 to May 15, 2017, remitted each of the KRW 40 million to D’s account, and from May 29, 2017, KRW 30 million to the Defendant’s account on June 17, 2017, remitted KRW 30 million to D’s account on June 19, 2017. The Defendant wired KRW 30 million to D’s account on June 19, 2017.

After the death of E, the sales contract between the Plaintiff and the Defendant was nonexistent, and on October 7, 2019, the Plaintiff prepared a lease contract between the Defendant and the Defendant with respect to the building of this case as the lease deposit amounting to KRW 60 million, monthly rent amounting to KRW 500,000,000 from October 7, 2019 to KRW 24 months from the lease term.

(hereinafter referred to as the “instant lease agreement,” and the term of the said lease agreement is stipulated under the above contract / [based on recognition] / satisfy, entry in Gap evidence 1, 2, Gap evidence 3-1, 2, Eul evidence 1 through 5, witness D’s testimony, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the deposit of the instant lease agreement was KRW 60 million, and the Defendant asserted that it was KRW 40 million, thereby undermining the trust relationship between the Plaintiff and the Defendant. Since both parties want to terminate the instant lease agreement, the said lease agreement was terminated upon termination of the agreement.

Therefore, at the same time as the delivery of the instant building from the Plaintiff, the Defendant is obligated to pay the remainder of the amount calculated by deducting the overdue rent of KRW 500,000 per month from October 7, 2019 to the completion date of delivery of the instant building from the amount of KRW 60,000,000,000 from the lease deposit of KRW 50,000.

B. Defendant’s assertion