1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is indicated in the attached Form to the Plaintiff-Counterclaim Defendant.

1. As to the part of the underlying facts, the relevant part of the reasoning of the first instance judgment shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments;

A. The registration of the establishment of the instant chonsegwon was premised on the remainder of the Plaintiff’s obligation to return the lease deposit of this case against C. At the time of the conclusion of the instant photographing agreement, KRW 300,000,000, the balance of the lease deposit was appropriated for KRW 559,139,349, and all of them were discharged until C withdraws from the office around January 2015.

Therefore, the defendant has the duty to cancel the registration of the establishment of the right to lease on a deposit basis with the plaintiff, and the defendant's counterclaim based on the premise that the above lease deposit still exists is without merit.

B. As the registration of the establishment of the right to lease on a deposit basis was completed by a three-party agreement between the Plaintiff, the Defendant, and the C, the former lease agreement entered into between the Plaintiff and C was terminated.

Since the Plaintiff completed the registration of the establishment of the right to lease on a deposit basis in order to secure C’s obligation to return the deposit money to the Defendant, the legal nature of the registration of the right to lease on a deposit basis is a physical guarantee or equivalent thereto, and thus, is liable within the limit of KRW 240 million on the registration of the right to lease on a deposit basis, and it shall not be deducted as C’s delay.

Therefore, the plaintiff is obligated to return the above security deposit to the defendant as a counterclaim, and the plaintiff's claim on the principal lawsuit based on the premise that all of the above security deposit has expired is without merit.

3. Determination

A. The meaning of a contract to lease on a deposit basis is, like other security rights, possible to have the name of the person having chonsegwon and the third party, if there is an agreement between the person having chonsegwon and the settlor of chonsegwon as well as the third party. Therefore, the right to lease on a deposit basis has been made in the name of the third party by agreement between the lessor, lessee and the third party for the purpose of securing the right to