1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 20, 201, with respect to the building D (hereinafter “instant building”), the Plaintiff entered into a lease contract between the former owner and the former owner with a deposit money of KRW 160,000,000, and from August 23, 2011 to August 22, 2013 and paid the deposit money, and entered into the instant building after paying the deposit money. As to the instant building, the Plaintiff completed the registration of the establishment of chonsegwon as the Seoul Central District Court’s registration No. 11127, Oct. 7, 2011.

B. While the Plaintiff’s lease contract was implicitly renewed, the Defendant succeeded to the lessor’s status of the said lease contract by purchasing the instant building on September 25, 2015 and completing the registration of ownership transfer.

After that, as the defendant refused to renew the lease contract with the plaintiff, the lease contract was terminated on August 22, 2017.

C. In the process of leaving the instant building on September 18, 2017, there was a dispute between the Plaintiff and the Defendant as to whether the Plaintiff transferred the Plaintiff’s building, and the amount of public charges to be deducted from the deposit money to be returned.

On September 28, 2017, the Defendant deposited KRW 159,556,830 in return for the Plaintiff’s delivery of the instant building as the principal deposit and the cancellation of the registration of the establishment of the said chonsegwon (Seoul District Court Decision 2017No. 3355, hereinafter “instant deposit”) and filed a lawsuit against the Plaintiff on February 6, 2018, Seoul Central District Court 2018Da502496 against the Plaintiff (hereinafter “instant prior lawsuit”).

On the other hand, on February 21, 2018, the Plaintiff filed the instant lawsuit against the Defendant for the payment of KRW 160,000,000 for deposit money and delay damages at this court. D.

In the instant prior suit, the court deemed that the instant building was already delivered to the Defendant on June 11, 2019, and dismissed the Defendant’s request for extradition and on the other hand registered for the establishment of chonsegwon.