1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 2005, the Plaintiff entered into a lease agreement with the Defendant on the 4th and 5th (hereinafter “instant building”) of the unit C ground building in Ansan-si, the Plaintiff owned by the Defendant, setting the deposit amount of KRW 200 million, monthly rent of KRW 3 million, and the period from February 30, 2005 to February 24, 2005 (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid the Defendant deposit amount of KRW 200 million.

B. The Suwon District Court rendered voluntary decision to commence auction on March 31, 2004 on the instant building, and E acquired ownership by winning a successful bid on October 4, 2005 at the above auction procedure.

C. E demanded the Plaintiff to deliver the instant building, and the Plaintiff transferred the instant building to E around April 2006.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion 1) Since the lease contract of this case was terminated by the Plaintiff’s delivery to E, the Defendant is obligated to refund the deposit amount of KRW 200 million and damages for delay due to the instant lease contract or unjust enrichment to the Plaintiff. 2) The Defendant’s claim against the Defendant alleged by the Defendant against the Defendant was extinguished by the ten-year extinctive prescription.

B. The judgment, as seen earlier, is the fact that E acquired the ownership of the building of this case on October 4, 2005 and the Plaintiff delivered the building of this case on or around April 2006. According to the above facts, the lease contract of this case is deemed to have expired on or around February 2007. Thus, the Plaintiff could have exercised the right to claim the return of lease deposit or the right to claim the return of unjust enrichment against the Defendant from around April 2006 or at least around February 2007. Since it is apparent in the record that the Plaintiff filed the lawsuit of this case on March 24, 2017 after the expiration of 10 years from the Plaintiff, the lease deposit claim or the right to claim the return of unjust enrichment against the Defendant against the Defendant.