1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a person who acquired ownership on April 16, 2008 with respect to the instant real estate No. 801 (hereinafter “instant real estate”) of Busan Jin-gu, Busan, and the Defendant purchased the instant real estate from the Plaintiff on April 29, 2008 (hereinafter “instant sales contract”). The Defendant purchased the instant real estate from the Plaintiff on the same year.

5. 19. Registration of ownership transfer was completed.

B. Meanwhile, on July 19, 2002, the defendant and the defendant's husband E (hereinafter referred to as "the defendant") leased the real estate from F and G (the right holder of each of 1/2) at the time of the ownership at the time, and entered into a lease on a deposit basis (hereinafter referred to as "right to lease on a deposit basis") with the terms "440 million won, and five years in duration" (hereinafter referred to as "right to lease on a deposit basis"), and registered the establishment of a right to lease on a deposit basis on the 23th of the same month. On August 27, 2004, the defendant and the defendant's husband E (hereinafter referred to as "the defendant") provided the above Busan Bank with a right to lease on a deposit basis (hereinafter referred to as "right to lease on a deposit basis") with the maximum debt amount of 440 million won as to the right to lease on a deposit basis.

As the Plaintiff acquired the ownership of the instant real estate purchased from F and G on April 16, 2008, the Plaintiff succeeded to the status of the lessor against the Defendant. As a result, the Plaintiff assumed the obligation to return the security deposit amounting to KRW 440 million against the Defendant at the expiration of the lease period.

C. The purchase price stipulated in the instant sales contract concluded between the Plaintiff and the Defendant is KRW 1.05 billion (975 billion on the sales contract) and the Defendant paid KRW 1.04 billion among them to the Plaintiff in the following manner:

Down payment: The remainder of KRW 30 million (in lieu of the Plaintiff’s obligation to return the deposit for lease on a deposit basis to the Defendant, KRW 30 million): The Plaintiff shall pay the Plaintiff’s obligation to loans to the Plaintiff’s ideology and agricultural cooperative for KRW 680 million by taking over by the Defendant.