1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 20, 2012, the Plaintiff leased 2nd E (hereinafter “instant house”) from the Defendant on March 20, 2012, among the multi-family houses with the fourth floor above the Daejeon Jung-gu and D Land (hereinafter “instant land”) (hereinafter “instant multi-family houses”) on the fourth floor (hereinafter “instant multi-family houses”), with the deposit of KRW 60 million and the period from April 30, 2012, respectively.

The Plaintiff received the instant house and completed the move-in report around that time.

B. On May 6, 2013, the Defendant entered into a sales contract to sell the instant land and multi-family house owned by the Defendant to the purchase price of KRW 450 million (F’s succession to a bank loan and the obligation to refund deposit for lease deposit) (hereinafter “instant sales contract”). Around that time, the Defendant completed the registration of ownership transfer for the said land and multi-family house on the grounds of sale to F.

C. A compulsory auction (Seoul District Court G) was commenced with respect to the instant land and multi-family house around March 2017, and the Plaintiff was paid KRW 15,250,601 out of the deposit to the lessee with the fixed date in the distribution procedure.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 4, Eul evidence 1-1, 2, Eul evidence 2, and Eul's purport of the whole pleadings]

2. Plaintiff’s assertion and judgment

A. Since the instant sales contract is invalid as it constitutes the most trade, the Defendant is still a lessor and owner of the instant multi-family house.

Therefore, the defendant is obligated to refund the lease deposit to the plaintiff.

The plaintiff, among the security deposit, was final and conclusive as a compulsory adjustment decision to the effect that the plaintiff jointly pays 1,4920,000 won to the co-defendants H and I Association against the co-defendants H and I Association.

As part of the remaining KRW 29,829,399 after deducting KRW 14,920,000 received from it, a claim of KRW 15 million shall be made.

B. Determination A.