1 The allegations by the parties

A. On July 7, 2008, the Plaintiff: (a) leased KRW 202 of the instant multi-household building from C, the owner of the instant multi-household building, on behalf of D, who was the mother of D on his behalf; (b) completed the move-in report on the same day; and (c) thereafter, paid the said deposit to C; (c) around June 2009, the Plaintiff changed C and the subject matter of the instant multi-household into the instant multi-household (No. 4401) and resided in the instant multi-household; and (d) around June 2013, the Defendant acquired the ownership of the instant multi-household building to the Defendant who succeeded to the lessor’s status on or around September 9, 2013; and (c) accordingly, the Defendant asserts that the Plaintiff is liable to pay the said deposit to C.

B. As to the Plaintiff’s assertion, the Defendant asserted that the Plaintiff was the most lessee of the instant rooftop, and sought the delivery of the instant rooftop room against the Plaintiff.

2. Determination

A. We examine whether the Plaintiff is the most lessee. According to the following circumstances, a lease agreement was concluded between the Plaintiff and C to lease the instant multi-household No. 202 from July 7, 2008 to July 6, 2010 (hereinafter “the instant lease agreement”), and the Plaintiff’s lease agreement was concluded between the Plaintiff and C to lease the instant multi-household No. 202 from the date of the lease agreement to July 7, 2008 to July 6, 2010 (hereinafter “the instant lease agreement”). The Plaintiff paid KRW 70 million the lease deposit under the said lease agreement to D, who was represented by the Plaintiff, to the Plaintiff for the instant lease agreement, and thereafter, paid KRW 70 million the lease deposit under the said lease agreement to D, which was modified to the Plaintiff and C around June 2009.