A. On July 9, 2010, the Plaintiff leased the lease deposit amount of KRW 100,00,000 to the Defendant, Seo-gu, Incheon, 124, 1904, 84.92 square meters (the apartment of this case).

B. On July 16, 2010, the Plaintiff completed the registration of ownership transfer for the apartment of this case, and on the same day, the Plaintiff completed the registration of ownership transfer for the new bank Co., Ltd. with the maximum debt amount of KRW 240,000,000.

C. Afterward, the Defendant received the instant apartment and completed the resident registration.

On July 22, 2013, the decision of voluntary auction was made on the apartment of this case by Incheon District Court D.

E. On September 23, 2013, the Plaintiff sold the instant real estate to E (Defendant’s wife) by determining as follows:

(1) The sales amount of KRW 220,596,485(2) is the sum of loans, loans, interest on loans, overdue interests, auction expenses, and other legal costs of a new bank.

3) The sales amount stated in the above 2) shall take precedence over the sales amount of the contract (220,596,485 won).

4) Refund (e.g., deposit) at the time of withdrawal of auction is received by the buyer. 5) This special agreement is determined by agreement between the seller and the buyer.

F. At the time of the conclusion of the above sales contract, the sales commencement tax of the apartment of this case was KRW 262,50,000 from KRW 287,50,000 to KRW 287,500.

G. The Defendant filed an application against the Plaintiff for an order to pay the deposit for lease on a deposit basis with the Incheon District Court 2013 tea9618, and the payment order was issued on September 12, 2013, and became final and conclusive around December 1 of the same year.

(Reasons for recognition). [This case's payment order] The fact that there is no dispute, Gap 1 through 7, Eul 2, the purport of the whole pleadings.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1 was agreed at the time of the instant transaction that the Plaintiff’s obligation to refund KRW 100,000,000 to the Defendant was fully repaid and extinguished. As such, the said obligation to return the lease deposit was extinguished, and is not so.

Even if the lease deposit is returned, the status of the lessor.