1. The defendant is about 470.73 square meters underground among the real estate listed in the attached list to the plaintiff.

1. Facts of recognition;

A. The Plaintiff is a co-owner of the 7/10 shares of real estate listed in the separate sheet (hereinafter “instant real estate”).

B. Co-owners of the instant real estate including the Plaintiff, etc. entered into a contract to establish a lease on a deposit basis with the Plaintiff, etc. on July 3, 1997 (hereinafter “non-party company”) and 470.73 square meters of underground among the instant real estate (right to lease on a deposit basis) with the Plaintiff, etc. on May 9, 2000, and completed the registration of establishment of a lease on a deposit basis in the Non-party company on the same day as to the above 470.73 square meters of a lease on a deposit basis.

C. On February 6, 1998, the Defendant received the right to lease on a deposit basis from the non-party company, and extended the term of chonsegwon to May 9, 2002 by an agreement with co-owners, including the Plaintiff, and occupied and used the above 470.73 square meters under the above ground. On May 9, 2002, the Defendant returned it to co-owners, including the Plaintiff, etc.

On July 26, 2002, on the registration of the establishment of the right to lease on a deposit basis that was made in the name of the non-party company, the additional registration of the right to lease on a deposit basis was completed on February 6, 1998.

【Ground of recognition】 Description of evidence No. 1, and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. On the ground that the Plaintiff sought the return of the deposit money or the cancellation of the registration of chonsegwon due to the expiration of the extinctive prescription period of the right to claim the return of the deposit money, the Defendant asserts that the Plaintiff cannot respond to the Plaintiff’s claim since the Defendant did not

B. The right to lease on a deposit basis under the Civil Act, which has completed the registration of the establishment of a right to lease on a deposit basis, is not of the nature of the right to lease on a deposit basis and of the real right to lease on a deposit basis. If the duration of the right to lease on a deposit basis expires, the right to lease on a deposit basis is naturally extinguished without cancellation of the registration of the right to lease on

(1) The Plaintiff collected KRW 90,000,000 from his agricultural bank account prior to the expiration of the term of chonsegwon, according to the evidence No. 2003Da35659, Mar. 25, 2005.