A. The Defendant is the owner of building C and D with the second floor in Chungcheong City.

On July 21, 1999, the Defendant registered the establishment of a right to lease on a deposit basis with E on a deposit basis (hereinafter “instant real estate”) for the entire first floor of the above ground building (hereinafter “instant real estate”), and E operated the hospital in the instant real estate by July 19, 2006.

B. On April 18, 2007, the lease period was changed to July 19, 201, and the Plaintiff paid 40 million won directly to E on the same day, and completed a transfer registration based on the transfer on April 19, 2007 with respect to the above lease on a deposit basis, and thereafter, operated the Pianian Institute in the instant real estate.

On July 19, 2011, the Plaintiff and the Defendant entered into a contract for change of chonsegwon to the effect that the duration of the right to lease on a deposit basis is changed until July 19, 2014, and made a registration of change of chonsegwon on the same day.

C. On November 25, 2014, the Plaintiff sent to the Defendant a document to the effect that “documents necessary for the cancellation of the registration of the establishment of chonsegwon have already been delivered to the certified judicial scrivener office” by claiming the return of the lease on a deposit basis upon the expiration of the lease period. The document was sent to the Defendant on November 27, 2014.

In addition, the Plaintiff already delivered the instant real estate to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff the above deposit amount of KRW 40,000,000 and damages for delay, unless there are special circumstances.

B. The Defendant’s assertion and judgment that the Defendant changed the structure for the use of the instant real estate by E and the Plaintiff, and the Plaintiff is a person who acquired a right of lease on a deposit basis from E, and thus, is obliged to restore the right of lease on a deposit basis pursuant to Articles 307 and 316(1) of the Civil Act. Therefore, the cost required to restore the instant real estate to its original state before the contract of lease on