1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

1. In addition to the claim for return of lease deposit and the claim for return of loan to the original defendant, the plaintiff filed a claim for return of unjust enrichment against management expenses and value-added tax 12,90,000 won, and the part of the claim for return of unjust enrichment was dismissed in the first instance court. Since the plaintiff did not appeal this part, the scope of this court's judgment is limited to the above claim for return of lease deposit

2. Basic facts

A. On January 8, 2008, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building at KRW 250,000,000 (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid KRW 205,000 out of the deposit amount to the Defendant. On the same day, the lease agreement made on the same day includes that the Plaintiff leases the instant building from the Defendant for the period from March 28, 2008 to March 27, 2010, by setting the deposit amount of KRW 250,000,000, monthly rent of KRW 3,900,000, and the period from March 28, 2008 to March 27, 2010. The Plaintiff bears value-added tax at KRW 10,000, and separately pays management fees of KRW 80,000 to the Defendant.

B. On March 10, 2008, the Plaintiff and the Defendant re-established the lease contract. The above lease contract states that the Plaintiff separately pays 10% value-added tax and 100,000 won for the Defendant, while the Plaintiff separately pays 250,000 won for the instant building from the Defendant.

C. On March 28, 2008, the Plaintiff paid KRW 45,000,000 to the Defendant, and the Defendant delivered the instant building to the Plaintiff on the same day.

From April 28, 2008 to July 31, 2008, the Plaintiff paid KRW 4,060,000 each month to the Defendant from April 2008 to July 2008. The Defendant raised management expenses by KRW 30,000.