1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. around July 2006, the Defendant entered into a lease agreement with C by setting the deposit amount of KRW 10,000,000, the rent of KRW 700,000, and the period from July 19, 206 to KRW 24 months with respect to the three-story stores and offices of reinforced concrete structure D, slive roof, slive roof, and two-storys (hereinafter “instant real estate”). The Defendant delivered it to C.

B. On November 28, 201, at C’s request, the Defendant drafted a lease agreement (Evidence A 1) on November 28, 201, on the Plaintiff, the lessee, the deposit 10,000,000 won, the monthly rent 20,000 won, the period 24 months (payment on January 19), and the date of delivery of real estate on November 28, 2013.

(hereinafter referred to as "the instant lease agreement". (c)

On March 5, 2013, the Defendant agreed on the instant lease agreement with C, and paid KRW 10,000,000 to E at C’s request. On the same day, the Defendant entered into a lease agreement with F on the instant real estate.

The instant real estate was operated and used by C from July 2006, and F was used from March 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, by preparing a lease agreement under the agreement between the plaintiff, the defendant, and C, to enter into the instant lease agreement, C shall be deemed to have transferred the right of lease on the instant real estate to the plaintiff, and the defendant approved it.

However, since the right of lease includes the right to use the leased object and the right to return the deposit, the plaintiff ultimately acquired the right to return the deposit to the defendant by the above right of lease. The fact that the lease contract of this case is terminated does not conflict between the parties, and the defendant is obligated to return the deposit amount of KRW 10 million to the plaintiff upon the termination of the lease contract of this case.

3. Judgment on the defendant's assertion