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 April 23, 2016, the Plaintiff, via Nonparty B, concluded a lease agreement (hereinafter “instant lease agreement”) between the Defendant’s agent status Nonparty G and the Plaintiff, setting the lease deposit amount of KRW 35,00,000, monthly rent for the building E-dong (hereinafter “instant studio”) (hereinafter “instant studio”), and the lease agreement was concluded between April 25, 2016 and April 25, 2018.

B. The Plaintiff paid KRW 35,00,000 to G on April 23, 2016 and KRW 34,500,000 on April 25, 201, thereby paying a total of KRW 35,00,000 (hereinafter “instant lease deposit”).

C. On September 13, 2016, the Plaintiff removed from the studio of this case.

On August 7, 2017, the Plaintiff sent to the Defendant a certified mail stating that “Around September 2016, at the G’s solicitation, left the room of the instant case, and thereafter thereafter, the Plaintiff occupied the room of the instant case from the date immediately thereafter, the Plaintiff requested the Defendant to take measures to enable the Plaintiff to reside in accordance with the instant lease agreement, and would terminate the instant lease agreement if the agreement is not fulfilled by August 31, 2017.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 4, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1) The instant lease agreement was lawfully terminated due to the Defendant’s failure to perform his/her duty, and the Plaintiff was removed from the original room of the instant case and delivered the studio of the instant case to the Defendant. As such, the Defendant, the lessor, is obligated to refund the instant lease deposit to the Plaintiff. 2) Even if G was delegated only the authority to enter into the instant lease agreement with the Defendant with respect to the studio, a deposit and monthly rent, and was not a monthly rent, or there was no authority to enter into the instant lease agreement, or to enter into the instant lease agreement.