1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is the owner of the militaryposi apartment D (hereinafter "the apartment of this case")

B. On March 18, 2014, E, the Plaintiff’s mother, entered into a lease contract with the Defendant for the instant apartment (hereinafter “previous lease contract”) with the lease deposit amount of KRW 285,00,000,00 and the term of lease from May 23, 2014 to May 22, 2016, and paid KRW 285,00,000 to the Defendant’s lease deposit amount of KRW 285,00,000, and was handed over by the Defendant.

C. On May 23, 2016, E, at the expiration of the former lease agreement, drafted a lease agreement in which the Defendant and lessee entered the Plaintiff, the lease deposit amount of KRW 350,000,000, and the term of lease from May 23, 2016 to May 23, 2018 (hereinafter “instant lease agreement”).

(As seen earlier, as seen earlier, the instant lease agreement is either the Plaintiff or E is one of the key issues in the instant case. On May 23, 2016, the instant lease agreement was concluded in the account of the Nonghyup Bank in the name of the Defendant, KRW 65,00,000 (=350,000,000 - KRW 285,000,000), which is the difference between the deposit money of the previous lease agreement and the deposit money of the instant lease agreement, was deposited in the name of E.

On November 18, 2018, the Plaintiff delivered the instant apartment to the Defendant.

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

2. Summary of the parties’ assertion

A. Plaintiff 1) After the expiration of the lease term, the Plaintiff demanded the return of the deposit to the Defendant, but the Defendant did not return the deposit. Even if the lease term was explicitly renewed, the contract is terminated upon the lapse of three months after notification of termination of the contract pursuant to Article 6-2(2) of the Housing Lease Protection Act. The Plaintiff’s lease registration for the instant apartment on September 17, 2018 (hereinafter “instant lease registration”).

on November 29, 2018.