The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Plaintiff’s assertion

On December 7, 2001, the Plaintiff concluded a lease agreement with the deposit amount of KRW 40,00,000, and the lease term of 12 months with respect to the fourth floor of the D Building (hereinafter “instant building”) 401 on the 4th floor (hereinafter “instant building”).

(hereinafter “instant lease agreement”). The instant lease agreement was continuously renewed, and it was completed by the court E voluntary auction procedure regarding the instant building, and the F real estate delivery order was completed accordingly.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 40,000,000,000.

Judgment

In a lawsuit claiming the return of the lease deposit, the payment of the lease deposit is required. As to whether the Plaintiff paid the lease deposit under the lease contract of this case on December 7, 2001, there is no specific evidence to acknowledge the payment of the deposit, such as health expenses, receipts or deposit details other than the financial statements unilaterally prepared by the Plaintiff. According to the lease contract of this case, there is no evidence to prove that the Plaintiff was a monthly rent. Rather, there is no evidence to support that the Plaintiff was a monthly rent. Rather, the Plaintiff asserted that the time of the purchase of the building of this case was a monthly rent. On December 17, 2001, the date of the formation of the lease contract of this case was made on December 7, 2001 and the date of payment of the remainder of the lease deposit was made on December 16, 201, and it is probable that the Plaintiff was 00,000 won or 400 won as the owner of the lease contract of this case, considering the fact that the lease contract of this case was made without entry.