A. The Plaintiff paid KRW 70 million as lease deposit to E and Defendant C, a co-owner of Youngwon-si D 502m2, 190.96m2 (hereinafter “instant building”) in Suwon-si, Suwon-si, and operated a sports hall with the trade name “F” from 1995.

B. On June 14, 2001, E transferred 1/2 shares of the instant building to Defendant B.

C. On June 14, 2001, the Plaintiff entered into a lease agreement with Defendant B and/or 1/2 of the instant building with the term of KRW 35 million and the term of June 14, 2001, and continued to use the instant building.

On November 5, 2002, the Plaintiff entered into a lease agreement with Defendant C and the instant building with the period of KRW 35 million, and from November 5, 2002, and continued to use the instant building thereafter.

E. On February 8, 2017, after three months from the date of notification to the Defendants on November 8, 2016, when the lease was renewed, the Plaintiff notified the Defendants of the termination of the lease deposit, and thus, the Plaintiff returned the deposit amount of KRW 70 million to the Defendant B. On December 6, 2016 and December 7, 2016, the lease was terminated on February 8, 2017, and notified the Defendants C to return the deposit of KRW 70 million as soon as the termination becomes effective.

2. The allegations by the parties and the judgment of this court

A. According to the facts of the recognition of the claim as to Defendant B’s claim, since the Plaintiff notified Defendant B of the termination of the lease on November 8, 2016 after the implied renewal, the lease was terminated on February 18, 2017. Therefore, Defendant B is obligated to return the lease deposit amount of KRW 70 million to the Plaintiff. As such, Defendant B is obligated to return the instant building from the Plaintiff to the Plaintiff, as sought by the Plaintiff, and at the same time, to pay the Plaintiff KRW 70 million as the lease deposit is paid. 2) The Civil Procedure Act is based on the constructive confession of the Plaintiff.