1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff, along with C, shared 1/2 shares of 20 shares each of the first floor above the Busan Southern-gu Dtel (hereinafter “instant real estate”).

B. C and the Defendant, on December 12, 200, completed a lease agreement with the content that the lease deposit is KRW 18 million, the lease term of KRW 24 months with respect to the instant real estate, and the Defendant occupied and used the said real estate upon delivery from around that time.

C. On January 29, 2004, when the Defendant continuously occupied and used the instant real estate, the Defendant entered into a lease agreement with the effect that KRW 52 million for the instant real estate and KRW 48 months for the lease term. On the same day, the Defendant paid KRW 34 million for the increased lease deposit (= KRW 52 million for the lease deposit under the lease agreement dated January 29, 2004 - KRW 18 million for the lease deposit under the lease agreement dated December 12, 2000).

On September 23, 2004, the original Defendant drafted a separate lease contract (No. 4) with respect to the instant real estate. The above contract is written in black characters with two parts above the “204.” The term “lease deposit”, and under which “O.O. 4 of 2004 is the number and characters in which it is impossible to identify only by means of the entries in the certificate No. 4 of 2004.O. 4 of 2004. The term “monthly rent for KRW 9 million”, and the term “monthly rent” is written on two parts above the term “O0,000,” and under which the seals of the Plaintiff are affixed to each of the two parts above. The name, resident registration number, address, telephone number, and seal of the Plaintiff in the leased column, and the name, address, and seal of the Defendant and the seal of each of the Defendant are affixed to the lessee column.

E. Meanwhile, on September 23, 2004, the Plaintiff, who prepared the above contract, paid KRW 9 million to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, and 9 (including virtual numbers), and the purport of the whole pleadings.