A. On November 12, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with E by setting the lease deposit amount of KRW 140 million as the lease deposit and the lease period from January 9, 2017 to January 8, 2019, and paid KRW 140 million as the lease deposit to E by January 9, 2017, and received the instant real estate delivery.

B. The Plaintiff received from E the registration of the establishment of chonsegwon on the instant real estate (hereinafter “registration of the establishment of chonsegwon on the instant land”).

C. On May 11, 2017, the Defendant acquired ownership of the instant real estate from E.

[Judgment of the court below] The ground for recognition is without merit, Gap 1 and 2, and the purport of the whole pleadings.

2. According to the above facts, the lease contract of this case terminated on January 8, 2019. Thus, the Defendant is obligated to pay the Plaintiff KRW 140 million as the deposit for the lease on a deposit basis at the same time with the Plaintiff’s implementation of registration procedure for cancellation of the lease on a deposit basis of this case’s real estate and delivery of this case’s real estate, as requested by the Plaintiff.

Therefore, the Defendant asserts to the effect that the Plaintiff is obligated to transfer the ownership of the instant real estate in lieu of repayment of the deposit money for the lease on a deposit basis. However, unless there is an agreement between the Plaintiff and the Defendant to transfer the ownership of the instant real estate in lieu of repayment of the deposit money for the lease on a deposit basis, it cannot be deemed that the Plaintiff is obligated to acquire the ownership of the

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.