1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim concerning the above revoked part is dismissed.

3.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 3, and 5, and Eul evidence Nos. 1 and 4:

On April 11, 2005, the Plaintiff entered into a lease agreement with a limited liability company C (hereinafter “C”) with respect to the lease deposit amounting to KRW 22,00,000,000, and two years from the expiration date of the lease term (hereinafter “instant lease agreement”), and paid the above lease deposit to C.

B. After that, the Plaintiff received the delivery of the instant apartment from C, and completed the move-in report on the instant apartment on May 24, 2005, and received the fixed date with the Jeonju District Court’s fixed date No. 1644.

C. Meanwhile, on February 28, 2006, the Defendant purchased the instant apartment from C with the price of KRW 37,500,000 (hereinafter “the instant sales contract”), and the down payment of KRW 3,500,000 shall be paid on February 28, 2006, and the intermediate payment of KRW 22,00,000 shall be paid on March 28, 2006, respectively, and the remainder of KRW 12,00,000 shall be paid on March 206 by the Defendant’s acceptance of the secured debt of the right to collateral security established on the instant apartment, and on March 8, 2006, the registration of ownership transfer under the name of the Defendant was completed.

The plaintiff delivered the apartment of this case to the defendant on March 10, 2006.

2. According to the above facts of recognition as to the cause of claim, the Plaintiff acquired opposing power by accepting the move-in report after concluding the instant lease agreement from C, and accepting the move-in report after accepting the instant apartment.

Therefore, it is reasonable to view that the defendant who acquired the apartment of this case while the plaintiff, who is a lessee with opposing power, has succeeded to the status of the lessor, and as a result, the rights and obligations of the lease deposit have been transferred to the defendant.

If so, the defendant does not have any special circumstance.