1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

1. Facts of recognition;

A. The Plaintiff is the owner of Guro-gu Seoul Metropolitan Government 111, 2502 (hereinafter “instant apartment”).

B. On January 8, 200, the Plaintiff entered into a lease agreement with the Defendant with a term of 77,000,000 won for lease deposit, and 2 years from January 23, 2000 for lease from January 22, 200 to January 22, 2002.

around that time, the Defendant paid the lease deposit to the Plaintiff and received the receipt.

C. On January 22, 2002, the Plaintiff prepared a lease agreement with the deceased D (hereinafter “the deceased”) stating that the apartment of this case is leased in two years from January 22, 2002 to January 21, 2004, with the lease deposit amount of KRW 117,00,000 and the lease term of the apartment of this case.

(hereinafter “instant lease agreement”). Since then, the instant lease agreement was renewed with only increased lease deposit, and finally, on December 1, 2010, the said lease deposit increased to KRW 197,000,000, and on the same day, the Plaintiff issued and delivered a receipt to the Deceased that he received KRW 197,00,000 in total as lease deposit (hereinafter “instant lease deposit”).

As the Deceased died on July 26, 2012, the Plaintiff filed a lawsuit seeking the delivery of the instant apartment against the Defendant who occupied and used the instant apartment (Seoul Southern District Court 2013Gahap101310).

On January 8, 200, the Defendant entered into a lease agreement on the building of this case with the Plaintiff on January 8, 200, but from January 22, 2002, the above lease contract was renewed in the name of the Deceased since the Defendant was unable to move-in report, and the lease deposit was fully borne by the Defendant, etc., and filed a counterclaim seeking the payment of the lease deposit by asserting that the Defendant is not the Deceased but the Defendant.

The heir of the deceased shall participate in the lawsuit as an independent party intervenor, and the plaintiff shall be the plaintiff.