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. On September 13, 2009, the Defendant leased No. 209 (hereinafter “instant building”) among the E-ground buildings owned by the Defendant to D, with a lease deposit of KRW 20 million, monthly rent of KRW 1.8 million, and the lease term of KRW 7 years.

B. On October 8, 2012, the Plaintiff purchased the instant building from the Defendant and completed the registration of ownership transfer for the reason of sale on October 4, 2012 in the name of the Plaintiff on the instant building.

C. On October 31, 2012, the Defendant issued to the Plaintiff a written confirmation (Evidence No. 6) stating that “The Defendant would pay the Plaintiff the deposit to the lessee D without any obligation to return the deposit to the lessee D, and if the Plaintiff would return the deposit to the lessee D, the Defendant would pay it to the Plaintiff.”

[Ground for Recognition: Facts without dispute, entries in Gap evidence 2 through 6, purport of whole pleadings]

2. The plaintiff asserted that since the plaintiff returned 20 million won to tenant D on behalf of the defendant, the defendant is obligated to pay 20 million won to the plaintiff. Thus, as to whether the plaintiff first returned 20 million won to tenant D, it is insufficient to accept the plaintiff's statement in Gap evidence No. 1, and there is no other evidence to acknowledge it (the plaintiff is the person who has not returned 20 million won to tenant D until now). The plaintiff's argument is without merit.

3. If so, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.