1. The plaintiff's claim is dismissed.

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

Basic Facts

On April 2005, the Plaintiff purchased the first and second floors from among the third floors underground and the seventh floors above ground in Pyeongtaek-si C in a voluntary auction procedure.

The plaintiff paid a total of KRW 800 million to the defendant around July 29, 2005 and KRW 700 million around August 2, 2005, under the pretext of custody necessary to assist the defendant to purchase the remaining parts of the above building (three to seven floors), and around that time, the plaintiff received a cash custody certificate for KRW 800 million from the defendant.

The Plaintiff received KRW 1 million in total from the Defendant, including KRW 500,000,000 around June 2017, and KRW 500,000 around November 7, 2017.

[Ground of recognition] In light of the facts that there is no dispute, Gap evidence Nos. 1 through 3, and 7, and facts acknowledged prior to the determination of the grounds for a claim for judgment as to the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff the remainder of the custody amount of KRW 790,000,000 ( KRW 80,000 - one million), except for the remainder of KRW 1,000,000,000,000, and damages for delay.

The defendant's defense is defense that the plaintiff's claim to return the deposit has expired by prescription.

According to the facts established earlier, since a claim for the return of the deposited money is a bond with no fixed time for payment, the extinctive prescription takes effect from the time when the claim is established. It is evident that the instant lawsuit was filed on October 25, 2018, which was ten years after the date following July 29, 2005 or August 2, 2005 when the aforementioned claim for the return of deposited money was established.

As a result, the plaintiff's claim for the return of the deposit has already expired before the lawsuit of this case, the defendant's defense is justified.

As to this, the plaintiff re-appellants that the defendant renounced the benefit of extinctive prescription by paying one million won out of the deposited money after the expiration of the extinctive prescription.

The fact that the Defendant paid the Plaintiff KRW 1 million in total, including KRW 500,000,000 around June 2017, and KRW 500,00,000 around November 7, 2017, is as seen earlier.

However, the defendant.