1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked.

2. The plaintiff (Counterclaim defendant)'s principal claim in this court.

1. In the first instance court within the scope of the judgment of this court, the plaintiff sought the payment of damages as the principal lawsuit, and the defendant sought the return of the lease deposit as a counterclaim, and the first instance court accepted both the principal lawsuit and the counterclaim claim.

As a result, only the defendant appealed against this part of the judgment against him, the object of the judgment of this court is limited to the claim of the principal lawsuit against the defendant.

2. Basic facts

A. On May 18, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 1,000,000,000, and the rent of KRW 8,000,000 (two months from May 19, 2017 to July 18, 2017) for a short period of two months (hereinafter “instant lease agreement”).

B. The Plaintiff and the Defendant entered the following special terms in the instant lease agreement:

1. The lessee verified the documents of public study and the on-site address.

2. Additional taxes on rents shall be set aside separately.

3. For the purpose of assembling and storing steel structures for two months, a temporary lease is a deposit of KRW 1,00,000 for two-month rent of KRW 8,00,000 in advance.

4. The lessee shall restore the above immovables to their original state upon the expiration of the contract and return them to the lessor; and

5. Other matters shall be in accordance with the Civil Act, the Lease Protection Act and the general practices of real estate lease contracts.

C. In accordance with the instant lease agreement, the Defendant paid the Plaintiff the lease deposit and rent, and used the instant real estate during the lease term as the Defendant’s house loading, work site, etc., and delivered the instant real estate to the Plaintiff on July 18, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

3. The assertion and judgment

A. The Defendant asserted that the instant real estate was a simple camping and V assembly at the time of the instant lease agreement.