1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Determination as to the cause of claim

A. (A) The facts of recognition of the claim amounting to KRW 10,000,00 (1) (A) entered into a lease agreement with C on October 11, 2012, setting one of the lease deposit amounting to KRW 10,000,000 in the Jongno-gu Seoul Metropolitan Government D Land (hereinafter “D Land”) as KRW 220,00 in the rent month including value added tax, and C paid KRW 10,000 in the lease deposit to the Defendant.

(B) From around that time, C built a building with two floors of the assembly panel structure (hereinafter “instant building”) between the land adjacent to D land and D land, in which the Plaintiff owned co-ownership, Jongno-gu Seoul E (hereinafter “E”) and the Plaintiff’s co-ownership.

(C) On March 29, 2013, the head of Jongno-gu Seoul Metropolitan Government issued a corrective order and a notice of imposition of a non-performance penalty on the ground that the instant building was extended without permission to the Plaintiff and one other.

(D) Accordingly, the Plaintiff, the Defendant, and C have removed the instant building, and if the Defendant returned the lease deposit to C, C agreed to immediately remove the instant building.

(E) Upon delay in the return of the lease deposit, C urged the Defendant to return the lease deposit on May 3, 2013, and the Defendant notified C of the termination of the lease contract on May 7, 2013.

(f) The Plaintiff, the Defendant, and C, after the Defendant’s notice of termination of the contract, returned the lease deposit to C, and the Defendant paid the amount equivalent to the lease deposit to the Plaintiff by May 30, 2014, and C agreed to remove the instant building by October 18, 2013.

(G) (G) The Plaintiff paid C the lease deposit KRW 10,00,000 on October 12, 2013, and December 2, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 5, Gap evidence 6, Gap evidence 7, Gap evidence 9-1 and 2, and the purport of the whole pleadings (2).