The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On December 7, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 680 million with respect to the Yeongdeungpo-gu C Apartment D (hereinafter “instant apartment”) from January 14, 2016 to January 13, 2018 (hereinafter “instant lease agreement”), and received the said lease deposit and delivered the instant apartment to the Defendant at the same time.

B. On October 10, 2017, the Defendant notified the Plaintiff of the absence of intent to renew the lease, but, on January 13, 2018, became unable to receive the refund of the lease deposit by January 13, 2018, the Defendant completed the registration of the lease of the instant apartment on February 6, 2018.

On February 7, 2018, the Defendant notified the Plaintiff of the purport that “If there is no contact by February 8, 2018, the key, etc. to the apartment will be deposited on February 9, 2018,” and on February 9, 2018, the Plaintiff as the depositee, and deposited the key, etc. of the instant apartment under water No. 1 in this Court (hereinafter “the instant apartment deposit”).

C. On February 21, 2018, the Plaintiff deposited KRW 680,000,000 as the deposit money under the condition that the Defendant was deposited as the principal deposit, and “delivery of the instant apartment” (hereinafter “the instant money deposit”) in this Court No. 1745 in 2018.

On February 26, 2018, the Plaintiff continued to receive goods deposited, such as the key to the apartment of this case, and the Plaintiff’s family members filed a move-in report on February 27, 2018 with the instant apartment.

On June 4, 2018, the Plaintiff received a decision to cancel the order of lease registration on the ground that the instant money deposit is valid by this court, and the Defendant’s deposit on June 11, 2018 is null and void on the condition that the instant apartment was first performed for the delivery of the instant apartment, and is not effective by a partial deposit due to the failure of the deposit for interest on the lease deposit.

“ ” appealed to the effect that the appeal was dismissed on September 17, 2018.

E. Meanwhile, on the other hand.