1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 12, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting a period from January 21, 2013 to January 20, 2015, with respect to the two foot buildings on the ground of reinforced concrete structure D ground owned by Defendant B (hereinafter “instant commercial buildings”) (hereinafter “instant lease agreement”) with Defendant B, starting from January 21, 2013 to January 20, 2015, the deposit amount of KRW 100,000 for the first floor ( KRW 50,000,000 for the second floor deposit, KRW 50,000 for the second floor deposit), monthly rent of KRW 2,00,000 for the second floor, and KRW 500,00 for the second floor (hereinafter “instant building”).

Article 7 of the instant lease agreement provides, “When the Plaintiff returns the commercial building of this case, it shall be restored to its original state at the time of the contract and returned.”

B. The Plaintiff paid a deposit of KRW 100,000 to Defendant B, and operated a clothing store on the first floor of the instant commercial building after being transferred, and used the second floor for residential purposes.

C. On the other hand, around December 24, 2012, prior to the conclusion of the instant lease agreement, the Plaintiff paid KRW 30,000,000 to Defendant C, the consultant of Defendant B, in cash.

After the termination of the instant lease contract, Defendant B, at the Plaintiff’s request, reserved the payment of KRW 10,000,000 on condition of restitution to the instant commercial building, after deducting KRW 10,000,000, which was in arrears from September 1, 2014 to January 1, 2015, and returned KRW 30,000,000 to the Plaintiff.

E. The Plaintiff transferred the instant commercial building to Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion 1) Defendant B ought to return the deposit amount of KRW 10,00,000,000 not yet returned to the Plaintiff. (2) Defendant B, via Defendant C, intended to pay to the Plaintiff as the premium to the Plaintiff on December 24, 2012.