1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff seeking the payment of KRW 5 million out of the lease deposit under the Jincheon-gun, Jincheon-gun, 103 (hereinafter “instant apartment”) with the court No. 2017Gaso2130 (hereinafter “instant apartment”).

B. On July 19, 2017, the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation related to the instant case”), and the said decision became final and conclusive on August 9, 2017 due to the Plaintiff’s failure to raise an objection thereto.

C. The Plaintiff completed the registration of ownership transfer on March 28, 2007 with respect to the instant apartment, and completed the registration of ownership transfer to C on November 4, 2016.

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 4, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On June 27, 2008, the Defendant concluded a contract with the Plaintiff’s agent to lease the instant apartment with KRW 10 million, monthly rent of KRW 200,000. On the same day, the Defendant paid the down payment of KRW 1 million and KRW 9 million on July 7, 2008, respectively.

On November 2016, the Plaintiff sold the instant apartment to C, and the Plaintiff and C asserted that only KRW 5 million can be recognized as the lease deposit for the instant apartment.

Therefore, the defendant brought a lawsuit against the plaintiff who was the previous lessor with respect to the remaining five million won which C did not take over by the court of this court against the plaintiff who was the previous lessor.

B. The Plaintiff did not receive KRW 10 million from the Defendant as the deposit for the lease of the instant apartment, and the Plaintiff and the Defendant only have a lease contract with KRW 300,000 per month on the instant apartment in terms of the deposit for lease. The Plaintiff was paid KRW 200,000 per month on the deposit for lease from the Defendant, while the Plaintiff was paid KRW 2,50,000 per month on the deposit for lease from the Defendant.

The plaintiff entered into a contract with the defendant to set the lease deposit amount of KRW 10 million with respect to the apartment of this case.