1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 25, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the Seongbuk-gu Seoul Metropolitan Government C Apartment 605 Dong 1702 (hereinafter “instant apartment”) as the lease deposit amount of KRW 430,00,000, and the lease term of KRW 10,000 from February 10, 2014 to February 9, 2016.

(hereinafter referred to as "the instant lease contract"). B.

On the day of the contract, the Plaintiff paid KRW 43,00,000 to the Defendant as down payment, and thereafter, paid KRW 33,000,000 as part payment on January 20, 2014, but did not pay any balance of the lease deposit agreed to be paid on February 10, 2014.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff paid the remainder of the lease deposit upon cancelling the registration of the lessee’s right of lease before completing the instant apartment from the Defendant and agreed to receive the instant apartment from the Defendant.

Even if the plaintiff has opposing power by paying the remainder of the lease deposit to the defendant without cancelling the registration of the right of lease completed in the apartment of this case, the plaintiff cannot be protected for the lessee under the Housing Lease Protection Act. Therefore, the defendant is obliged to cancel the lease registration first before the plaintiff pays the remainder of the lease deposit to the defendant.

Therefore, as long as the Defendant did not perform the obligation to cancel the right of lease registration, it shall be deemed that the instant lease was cancelled due to the above Defendant’s fault, the Defendant is obliged to pay the down payment, intermediate payment, and damages already paid to the Plaintiff.

3. Determination

A. According to the evidence evidence Nos. 3 and 4, the Seoul Northern District Court (Seoul Northern District Court)’s 337,000,000 won on the apartment of this case as of December 27, 2013 and the lease date.