1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall pay to the plaintiff KRW 50,000,000.

1. Basic facts

A. According to the government housing welfare policy project, the Plaintiff is running the business of leasing housing from the National Housing Fund supported by the government for the stabilization of the housing of the vulnerable social group, such as the recipients of basic livelihood, and sublet them to those eligible

B. As part of the foregoing business on July 25, 2012, the Plaintiff entered into a lease contract between C and the said owner with respect to the “multi-family house E-gu in Mine-gu (hereinafter “the instant multi-family house”) with part of 80.696 square meters (hereinafter “the instant real estate”) on the first floor, which is owned by D (hereinafter “the instant multi-family house”) and KRW 50,500,000 (the amount of KRW 2,50,000 among them shall be paid by the occupant) and the lease period from August 3, 2012 to August 2, 2014 (hereinafter “the lease contract in this case”). On the 25th of the same month, the Plaintiff obtained a fixed date in the instant lease contract (Evidence 1) in the registry of the Gwangju District Court.

C. Meanwhile, on the other hand, on July 25, 2012, the Plaintiff entered into a lease contract for the lease of a house for lease on a deposit basis (existing house) (hereinafter “instant lease contract”) with respect to B and the instant real estate, which is eligible for support on July 25, 2012, as well as the lease period from August 3, 2012 to August 2, 2014, and B completed the move-in report on the instant real estate on July 25, 2012.

The Plaintiff paid KRW 47,500,000 to the account under C’s name on August 3, 2012 according to the instant lease agreement.

E. Around May 2012, the Defendant entered into a sales contract with C and D on the instant multi-family house, and KRW 50,000,000 out of the sales price shall be appropriated as the deposit for the lease under the instant pre-lease contract received from the Plaintiff, and the Defendant agreed to assume the responsibility for the refund of the deposit for the Plaintiff (hereinafter “instant agreement”) and completed the registration of ownership transfer regarding the instant multi-family house on November 28, 2012.

F. On May 21, 2015, B made a move-in report for resident registration as the F and 205 of the Gwangju Mine District.

G. The instant case.