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. Basic facts

A. On March 30, 2015, the Plaintiff leased the instant building to the Defendant with a lease deposit of KRW 3,000,000, monthly rent of KRW 600,000 (payment on May 5), and the lease period of KRW 2 years.

(hereinafter “instant lease agreement”). B.

As the special terms and conditions of the instant lease agreement, the term “(i) at any time at the time when the house is sold and purchased.”

C. Around that time, the Defendant has been transferred the instant building and has possessed it up to now.

The Defendant did not pay the Plaintiff the monthly rent of August 2015 and September 2015. On September 15, 2015, the Plaintiff asserted against the Defendant that the instant lease contract was terminated on the grounds that the instant rent was delayed for at least two years. The Plaintiff filed the instant lawsuit against the Defendant.

Around September 25, 2015, a copy of the instant complaint stating the above contents was served on the Defendant.

E. Meanwhile, the Defendant paid the monthly rent to July 2015 after the conclusion of the instant lease agreement and the monthly rent to October 2015 to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the lease contract of this case was lawfully terminated according to the notice of termination issued by the Plaintiff by delivery of the complaint of this case, on the ground that the Defendant continued to pay more than two vehicles.

Therefore, the defendant is obliged to deliver the building of this case to the plaintiff as restitution.

B. Meanwhile, upon the termination of a lease, the lessor’s obligation to return the leased deposit and the lessee’s obligation to return the leased object are concurrently performed. However, the deposit received in the lease of real estate guarantees all the lessee’s obligations arising from the lease, such as the lease obligation, the obligation to compensate for damages arising from the loss of, damage to, etc. of an object, etc., and the amount equivalent to the secured obligation