A. On June 12, 2013, the Plaintiff purchased five-story buildings, such as neighborhood living facilities, (hereinafter “instant building”) in a voluntary auction procedure.

B. On July 15, 2013, the Defendant decided to lease from the Plaintiff the area of 17 square meters in the south-side direction of the 2nd floor in the instant building (hereinafter “instant leased area”); on the same day, the Defendant paid the Plaintiff KRW 10 million as the down payment for the lease contract; and on September 4, 2013, the Defendant concluded a lease agreement with the Plaintiff with the following terms.

(hereinafter referred to as the “instant lease contract”). The portion to be leased: The deposit for a second-story female house or store: KRW 100 million: KRW 500,000 (pre-paid payment shall be made at the time of occupancy after the completion of the interior work).

C. On September 4, 2013, the Defendant paid KRW 120 million to the Plaintiff KRW 100 million after deducting the down payment already paid from the total sum of KRW 30 million. D.

On September 5, 2013, the Defendant completed the registration of the establishment of chonsegwon, which is from September 4, 2013 to September 3, 2018, on the instant building: (a) KRW 100 million; and (b) the duration of the lease on a deposit basis.

(hereinafter referred to as “registration of creation of chonsegwon of this case”).

The Plaintiff and the Defendant agreed on the instant lease agreement around November 20, 2015, and the Defendant delivered the instant lease portion to the Plaintiff around November 25, 2015.

F. On December 8, 2015, the Plaintiff deposited KRW 100 million of the lease deposit under the instant lease agreement with the Defendant as a depositee, as the Ulsan District Court No. 497, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1, Gap evidence 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to cancel the registration of the establishment of the right to lease on a deposit basis of restitution following the termination of the agreement under the instant lease agreement.

B. The defendant's assertion is based on the amount of KRW 30 million paid by the plaintiff when entering into the instant lease agreement.