1. The Defendant (Counterclaim Plaintiff) B, from 35,00,000 to 35,000 won from the Plaintiff (Counterclaim Defendant), each of the separate entries in the separate sheet from June 1, 2014.

1. Determination on the main claim

A. On April 11, 2012, the Plaintiff’s claim against Defendant B leased the instant real estate to Defendant B with a deposit of KRW 35 million, KRW 1350,000 per month, and the period from May 1, 2012 to April 30, 2014 (hereinafter “instant lease agreement”), and the fact that the Plaintiff delivered the instant real estate to Defendant B pursuant to the instant lease agreement is no dispute between the parties.

Therefore, since the lease contract of this case was terminated at the expiration of the term, Defendant B is obligated to receive the remainder of the deposit after deducting unjust enrichment equivalent to the rent calculated in the ratio of KRW 1,350,000 from June 1, 2014 to the completion date of delivery of the real estate of this case from the deposit amount of KRW 35,500,000,000, which was paid by the Plaintiff to the Plaintiff.

B. Defendant C’s assertion that Defendant C is obligated to compensate the Plaintiff for damages of KRW 3,766,90, which occurred from the insult and injury of the Plaintiff on March 29, 2014. However, each of the entries in the evidence Nos. 4 and 7 is insufficient to acknowledge the above insult and injury, and there is no other evidence to prove otherwise. 2) Furthermore, the Plaintiff asserts that Defendant C occupies the instant real estate together with Defendant B, its wife, as the head of the second floor house of the instant building, and thus, Defendant C occupies the instant real estate.

However, possession assistant means a person who is not recognized as an independent possessor by de facto controlling an object under the instruction of another person in relation to household affairs, business and other similar relations (Article 195 of the Civil Act), and therefore, an object of another person is independent through a superficies, right of lease on a deposit basis, pledge, loan for use, lease, deposit, or any other combination of possession.