1. The Defendant’s KRW 120,446,160 as well as the Plaintiff’s KRW 20% per annum from July 20, 2015 to September 30, 2015.

1. The summary of the instant lease agreement and the key issue Plaintiff asserted that the lessee of the instant lease agreement is the Plaintiff and filed the instant lawsuit claiming the return of the lease deposit with the Defendant, the lessor, and the Defendant and the Intervenor C (hereinafter “C”) claiming that the instant lease agreement is merely the name of the Plaintiff and the substantial party C, and that the Plaintiff’s claim should be dismissed.

Therefore, the main issue of the instant case is who is the lessee of the instant lease contract.

2. Basic facts

A. The Defendant, as a 1/2 equity owner of the 7th floor neighborhood living facilities and E-building, an education and research facility, of reinforced concrete structure in Gwanak-gu in Seoul Special Metropolitan City, has been managing the said building in F’s trade name.

B. On July 20, 2013, the Defendant concluded a lease contract under the name of the lessee for the lease of 150,000,000 won for the lease deposit, monthly rent of 7,00,000,000 won for the lease, from August 10, 2013 to August 9, 2018.

(hereinafter referred to as “instant lease agreement”) C.

The instant lease agreement is continuously unpaid due to the lessee’s monthly rent, and the Defendant re-leased the object to a third party on the grounds of such reasons, etc. on March 2015.

The sum of the unpaid rent and management fee to be deducted from the lease deposit received by the lessor is 29,553,840 won which the lessor paid to the lessor.

【Ground for Recognition: Facts without dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings】

3. Determination as to who lessee is the lessee of the instant lease agreement

A. The substance of the Plaintiff’s assertion 1 is the actual party to the instant lease agreement, as specified in the contract, and it is true that part of C’s funds have been used for the payment of lease deposit, or that this is settled with the Plaintiff.