1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D around July 2009, leased KRW 24,732,000 of the lease deposit, which is a rental apartment owned by the Korea Land and Housing Corporation (hereinafter “instant apartment”).

B. Around September 2, 2010, D borrowed KRW 12 million from Samho Savings Bank Co., Ltd. (hereinafter “Seoul Savings Bank”) and transferred the claim for the refund of the lease deposit of the instant apartment to Samho Savings Bank as collateral.

C. On March 13, 2014, the Plaintiff entered into a sub-lease contract with D and the instant apartment (hereinafter “sub-lease contract”) with D, sub-lessees, Plaintiff, 35 million won for sub-leases, and 24 months for sub-leases, and transferred the said sub-lease deposit to a deposit account in the name of D and received the instant apartment.

As D’s default on the above loans to the Hoho Savings Bank, the Samho Savings Bank filed a lawsuit seeking the delivery of the instant apartment against the Plaintiff and the Korea Land and Housing Corporation as Seoul Southern District Court 2015Da42715, and in the said lawsuit, the decision of recommending settlement was finalized by October 31, 2015 to deliver the instant apartment to the Korea Land and Housing Corporation, and the claim for the refund of lease deposit against the Korea Land and Housing Corporation was reverted to the Samho Savings Bank.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendant illegally leased the instant apartment under the name of D from the Korea Land and Housing Corporation, and did not notify the Plaintiff that the lease deposit amount was KRW 24,732,00,00 and that the lease deposit was loaned KRW 12,00,000 from the Samho Savings Bank as collateral, and caused the Plaintiff to enter into the instant sub-lease contract with the Plaintiff by deceiving the Plaintiff that the instant apartment would not be likely to become one’s house.