1. The defendant shall pay 50,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

1. Basic facts

A. On January 12, 2009, the Plaintiff drafted a lease agreement (A evidence No. 1; hereinafter “instant lease agreement”) with respect to the Seongbuk-gu Seoul Metropolitan Government D ground housing (hereinafter “instant real estate”) with respect to KRW 50,000,000 (the lease deposit amount of KRW 3,000,000) and the lease term of KRW 47,000,000) with respect to the lease deposit, from January 28, 2009 to January 27, 2011.

B. Meanwhile, from August 14, 2008, the registration of transfer of ownership was completed on the ground of sale on July 4, 2008 (transaction value of KRW 150,000,000) in the name of the Defendant from August 14, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that since the lease contract on the real estate of this case between the plaintiff and the original defendant has been terminated, the defendant is obligated to refund the lease deposit amount of KRW 50,000,000 and delay damages to the plaintiff.

As to this, the Defendant entirely delegated the conclusion of the sales contract and the payment for the instant real estate to C, a joint investor, as well as 13,515,00 won from C at the time, and it was not possible for C to accurately know the amount of the lease deposit actually paid by the Plaintiff, a lessee, as it was confirmed after the next, even though C purchased the instant real estate at KRW 75,00,000, the sales price was KRW 130,000,000, and therefore, C and the Defendant could not be seen as 50,000,000, and therefore, the Plaintiff’s claim for the instant real estate cannot be complied with.

B. As seen earlier, the instant lease agreement entered into between the Plaintiff and the Defendant and C, stating that the lease deposit was KRW 50,000,000,000.