1. The defendant shall pay to the plaintiff KRW 40,000,000 as well as 5% per annum from April 30, 2020 to September 23, 2020.

1. The plaintiff is the couple who reported the marriage with C on November 22, 2006, and the defendant is the father of C (the father of the plaintiff).

From May 201, the Plaintiff and C resided in the member-gu D apartment and E apartment (hereinafter referred to as “instant apartment”) owned by the Defendant in Ansan-si.

On May 30, 201, the Plaintiff paid KRW 80,000 to the Defendant.

C On September 24, 2019, the Plaintiff brought a lawsuit, including divorce, against the Plaintiff, and the Plaintiff also filed a counterclaim.

[Along with the defendant on November 4, 2019, the plaintiff was unable to live in the apartment of this case as the plaintiff was brought a divorce lawsuit against the defendant on November 4, 2019. Thus, 80,000,000 won was returned to the defendant.

The plaintiff, around November 2019, moved out from the apartment of this case, but C and his children still resided in the apartment of this case.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, 8, purport of the whole pleadings

2. 80,000,000 won paid by the Plaintiff to the Defendant is a lease deposit, and a lease contract was concluded between the Plaintiff and the Defendant with no fixed period of time regarding the instant apartment.

Since the lease term of which is not fixed under the Housing Lease Protection Act is two years, it can be seen that the lease contract has been implicitly renewed.

Where a lease contract is implicitly renewed, the lessee may notify at any time the lessor of his/her intention to terminate the contract, and the termination becomes effective three months after the lessor is notified of the termination. Therefore, the lease contract with the Defendant was terminated on February 4, 2020 according to the Plaintiff’s notice of termination as of November 4, 2019.

The plaintiff moved out of the apartment of this case, and the person who directly occupies the apartment of this case is C, who is his father, and the defendant indirectly occupies the apartment of this case through C.

Therefore, the plaintiff is the defendant of this case.