1. The plaintiff's claim is dismissed.

2. 3/4 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

1. On April 12, 2016, the Plaintiff and C (hereinafter referred to as the “Plaintiff, etc.”) entered into a lease agreement with the Defendant on the second floor (hereinafter referred to as “instant real estate”) located in Gyeyang-gu, Gyeyang-gu (hereinafter referred to as the “instant lease agreement”) with the deposit amount of KRW 120 million, and the lease term of KRW 40 million from June 4, 2016 to June 3, 2018. The Plaintiff paid KRW 70 million among the said deposit, and KRW 50 million for the remainder deposit of KRW 50 million, respectively.

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

2. Judgment on the plaintiff's assertion

A. On April 2018, two months before the expiration of the instant lease agreement, the Plaintiff, etc. notified the Defendant that he/she had no intent to renew the instant lease agreement, and that he/she would return the deposit on June 3, 2018, which is the expiration date.

On the other hand, the Plaintiff and C are at the end of September 2018, and they reside in the instant real estate as C alone.

However, the defendant is still unable to seek a new lessee due to the relationship between the real estate in this case and the sale in lots more than the above deposit, and even after the lapse of the time, the possibility of seeking a new lessee is imminent. However, the defendant's payment of the deposit is delayed by seaing through a spring.

Therefore, the plaintiff again notifies the cancellation of the lease contract of this case by serving a duplicate of the complaint of this case once again. Thus, the defendant is obligated to return the deposit amount of KRW 70 million paid by the plaintiff to the plaintiff.

B. Article 547(1) of the Civil Act of the relevant legal doctrine provides that “if one or both of the parties has a number of persons, the termination or rescission of the contract shall be made against all or some of them.” Thus, Article 547(1) of the Civil Act provides that “If multiple persons have entered into a single lease contract with the lessor as a co-resident