2. The costs of lawsuit shall be borne by the Plaintiff.

A. On May 20, 2005, between E and Defendant C, a lease contract (hereinafter “instant lease contract”) was concluded between E and the lessor on May 20, 2005 between D and C, with the content that: (a) the lessor entered the leased object in the attached list (hereinafter “instant building”); (b) the lease deposit amount of KRW 45 million; and (c) the lease term of the lease from June 20, 2005 to June 19, 2007.

B. As to the instant building on June 21, 2005, Defendant C completed the registration of chonsegwon (right to lease on a deposit basis, the entire scope of the building, the duration of the building from June 20, 2005 to June 19, 2007, the return period from June 19, 2007, the return period from June 19, 2007, and the Defendant C with the right to lease on a deposit basis) under Article 46082, which was received by the Cheongju District Court.

C. Defendant B donated the instant building from D on September 22, 2008 and completed the registration of ownership transfer on September 23, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff entered into the instant lease agreement with D under the name of Defendant C, and the contractual party and the actual lessee are the Plaintiff.

Defendant B succeeded to the lessor’s status under the instant lease agreement and expressed his intent to refuse to renew the agreement to the Plaintiff, and the instant lease agreement was terminated.

Therefore, Defendant B is obligated to return the lease deposit amount of KRW 45 million to the Plaintiff upon the termination of the lease. In order for the Plaintiff to receive the lease deposit from Defendant B, the registration of the establishment of chonsegwon in the name of Defendant C must be cancelled. Therefore, the Plaintiff seeks to cancel the registration of the establishment of chonsegwon in subrogation of Defendant B.

(Claim for Return of Lease Deposit and Cancellation of Registration of Establishment of Chonsegwon). In addition, the Plaintiff replaced the boiler of the instant building into a new type by bringing about KRW 650,00,00, and installed water supply facilities from KRW 1,293,980, and Defendant B paid a total of KRW 1,943,980 at the necessary cost.