A. On September 1, 2003, the Defendant completed the registration of joint chonsegwon (hereinafter “registration of chonsegwon”) with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), which was named as “the deposit deposit amount of KRW 80 million, the duration of the lease on a deposit basis by August 31, 2008,” under Article 37343 of the Seoggu District Court Branch Branch of Seogu District Court on September 22, 2003.

B. The defendant, on January 31, 2005, has not been occupied until now after the removal from each real estate of this case.

[Ground of recognition] Facts without dispute, Gap 2-1 and 2-1, purport of the whole pleadings

2. The parties' assertion and judgment

A. Since the Defendant’s assertion that the instant real estate was removed from each of the instant real estate on January 31, 2005, and ten years from August 31, 2008, which was the expiration date of the term of chonsegwon on each of the instant real estate, the extinctive prescription of the Defendant’s claim for the return of the deposit money on each of the instant real estate has expired, the Defendant is obligated to cancel the registration of the right to lease

B. Although the plaintiff alleged by the defendant paid KRW 80 million to the defendant and requested the cancellation of the registration of the right to lease on a deposit basis, he did not return the deposit money to the defendant. Thus, the plaintiff's claim to cancel the registration of the right to lease on a deposit basis of this case is unjust.

(c) The right to lease on a deposit basis under the Civil Act, which has completed the registration of the establishment of a right to lease on a deposit basis, is not concurrently in the nature of the right to lease on a deposit basis and also in the nature of the right to lease on a deposit basis. If the duration of the right to lease on a deposit basis expires, the right to lease on a deposit basis is naturally extinguished without cancellation of the registration of the right

(See Supreme Court Decision 2003Da35659 Decided March 25, 2005, etc.). According to the above recognition, the Defendant’s claim for the return of lease money under the joint lease agreement on each real estate of this case is ten years from August 31, 2008, when the term of lease on a deposit basis expires.