The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. On July 9, 2018, the Defendant acquired ownership of the Yongsan-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”).

B. On July 13, 2018, the Plaintiff entered into a lease agreement with the Defendant to lease the instant apartment (hereinafter “instant lease agreement”) with the term “30,000,000 won, monthly rent of KRW 1,250,000, and from August 7, 2018 to August 6, 2020” (hereinafter “instant lease agreement”).

C. By August 7, 2018, the Plaintiff paid the Defendant the lease deposit of KRW 30,000,000 to the Defendant. Around that time, the Plaintiff was handed over the instant apartment from the Defendant.

After that, the Plaintiff and the Defendant agreed to terminate the instant lease agreement. The Plaintiff delivered the instant apartment by December 26, 2018, and the Defendant returned KRW 3,000,000 out of the lease deposit in advance on December 1, 2018, and returned KRW 20,529,220, which remains after deducting the unpaid rent from the remaining lease deposit by December 26, 2018.

On December 1, 2018, the Defendant returned KRW 3,000,000 out of the lease deposit to the Plaintiff on December 1, 2018.

E. On December 26, 2018, the Plaintiff delivered the instant apartment to the Defendant.

The defendant did not refund 8,529,220 won out of the remainder of the lease deposit to the plaintiff on the same day, and did not refund the remainder of 12,00,000 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 9 and the purport of the whole pleadings

2. The Plaintiff asserts to the purport that “The authentic copy of the judgment of the first instance was served on the Defendant on September 11, 2019,” and the Defendant filed an appeal on October 15, 2019, which was the last time limit for appeal, and there is no circumstance in which the Defendant was unable to observe the peremptory time period, due to a cause not attributable to the Defendant. Therefore, the instant subsequent appeal is unlawful.”

Article 173(1) of the Civil Procedure Act shall not be liable to the parties.