1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On June 11, 2008, the Plaintiff reported to the Defendant’s father Nonparty C and the Plaintiff operated the sales store of “D” as well as the above C.

B. While married with the above C, the Plaintiff agreed to live in the second floor of the Defendant-owned housing in Daegu-gu E (hereinafter “instant housing”), and paid KRW 50 million to the Defendant on April 3, 2008.

C. From May 2014, the Plaintiff was living separately with the said C and did not reside in the instant housing from around May 2014. On October 31, 2014, the Plaintiff was married with C.

After the Plaintiff’s divorce with C, the Defendant sold the instant house to another person on November 3, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, entry of Eul evidence 1 and 2, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that there was an agreement between the Plaintiff’s intent to deliver the instant house to the Defendant without using and earning profit from the instant house, and the Defendant’s intent to terminate the lease contract with the Plaintiff by selling it to a third party, at the latest around November 3, 2014.

Therefore, as the lease contract between the plaintiff and the defendant is terminated, the defendant is obligated to return the lease deposit to the plaintiff, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. The Defendant asserted that the Plaintiff and C jointly leased at least KRW 200 million to the Plaintiff or C from 2010 to 2014 due to the lease deposit and business funds of D stores operated by the Plaintiff and C. However, as of May 2014, the Defendant offsets the said claim against the loan claim of KRW 150 million. Moreover, the Defendant paid KRW 540,580 for the Plaintiff the gas cost of the instant housing, which the Plaintiff should bear, thereby offsetting the claim for reimbursement due to the payment of urban gas price.