The judgment below

The part against the defendant is reversed, and that part of the case is remanded to Suwon District Court.

The plaintiff.

1. Review of the reasoning of the lower judgment and the record reveals the following.

E on June 24, 2010, from the Defendant, the gas station located in Seo-gu Incheon Metropolitan City, which is owned by the Defendant, operated the gas station by setting the lease deposit amount of KRW 130 million from July 1, 2010 to June 30, 2012, the lease term of KRW 8.8 million from July 1, 2010 to June 30, and the lease term of KRW 5 million was extended and the rent was reduced to KRW 5 million.

B. The Plaintiff sold transit to E by June 30, 2013 and has a claim for oil price of KRW 94,052,000.

C. On November 20, 2013, D agreed to take over the status of the above lessee from E, and accordingly, D entered into a lease agreement with the Defendant on a deposit basis with the said gas station of KRW 130 million from November 26, 2013 to November 25, 2015, setting the lease deposit amount of KRW 6.6 million from November 26, 2013, and operated a lease agreement with the Defendant (hereinafter “instant lease agreement”). The lease deposit was to be substituted by the lease deposit paid by E.

The plaintiff filed a revocation suit against D by the Incheon District Court 2013Kadan9965.

On August 25, 2015, the foregoing court revoked the lease transfer agreement on the instant building concluded between D and E on November 20, 2013 within the scope of KRW 94,052,00. D, under the instant lease agreement, declared that “D shall transfer the lease deposit claim against the Defendant to E within the scope of KRW 94,052,00 and give notice of the assignment of the claim to the Defendant,” and that the said judgment became final and conclusive on September 12, 2015.

(hereinafter “Prior Judgment”). E.

D made an agreement with the Defendant on June 3, 2015, which included the waiver of the claim for the return of the lease deposit under the instant lease agreement with the Defendant to compensate the Defendant for the damages incurred by the Defendant.

hereinafter referred to as "the case."