1. The Plaintiff (Counterclaim Defendant)’s claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Plaintiff A and G are married couple, and Plaintiff C and B are children of the above married couple.

B. The Defendants share the real estate in the separate sheet (hereinafter “instant building”) with mother and child relationship.

C. On April 10, 2005, the Defendants drafted a lease agreement (hereinafter “instant lease agreement”) stating that the part of the second floor of the instant building is leased KRW 40 million from April 30, 2005 to April 30, 2007 (hereinafter “instant lease agreement”). D.

G filed an application for provisional seizure of real estate with the claim amounting to KRW 40 million with the Seoul Northern District Court 2015Kadan838 as to the instant building, etc., and completed the provisional seizure on April 2, 2015, and completed the provisional seizure registration on the same day.

E. G died on June 12, 2017, and Plaintiff A (legally inherited 3/7) and Plaintiff C and B (legally inherited 2/7) jointly inherited the net G (hereinafter “the deceased”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 8 through 14, 2-1, 2, Eul evidence 3, the purport of whole pleadings

2. Determination on the main claim

A. The Deceased, the cause of the principal lawsuit, entered into a lease agreement on the instant building with the Defendants, was living in the said building, and delivered the said building to the Defendants. However, the Defendants did not return the deposit amount of KRW 40 million to the Deceased. Accordingly, the Deceased did not make a provisional seizure of the said building with the claim for the return of the deposit for lease deposit as the claim for the refund of the deposit for lease deposit. The Defendants are jointly and severally liable to pay the amount of KRW 40 million and delay damages to the Plaintiffs, the inheritor of the Deceased.

B. In order to recognize the existence of the claim to return the lease deposit, the agreement between the lessee and the lessor, the actual payment of the lease deposit and the termination of the lease.