1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On July 28, 2009, the Plaintiff entered into a lease agreement with the Defendant, Kimpo-si, Kimpo-si, with respect to KRW 350,00,000 as to deposit money of KRW 15,00,000 and the term of lease from July 28, 2009 to July 27, 2014, and the Plaintiff paid KRW 15,000,000 as deposit money to the Defendant on the same day when the term expires (hereinafter “instant lease agreement”).

B. The Yongsan Credit Union, the mortgagee of the instant land, applied for a voluntary auction of the instant land to the Incheon District Court D, and the voluntary auction was commenced on June 13, 2014 upon the said application.

C. On November 26, 2014, the Defendant paid KRW 5 million out of the deposit to the Plaintiff.

In the above voluntary auction procedure, E was determined as a purchaser of the instant land, and on May 28, 2015, E drafted a letter of agreement on the removal of buildings with the purport that the Plaintiff and the Plaintiff remove the dogs, fraternities, and plastic houses on the instant land, and that E shall pay to the Plaintiff KRW 5 million for the removal cost on June 5, 2015, and KRW 15 million for the completion of the removal of buildings on July 30, 2015.

E. On June 2, 2015, the successful bidder E of the said voluntary auction procedure paid the sale price in full, and on June 5, 2015, paid KRW 5 million to the Plaintiff.

F. On July 31, 2015, E sold the instant land in KRW 245 million to the Defendant’s wife F, and the Plaintiff’s resettlement cost (15 million) agreed to deliver the instant land to E upon payment to E by F. Upon receiving KRW 15 million from F, E paid KRW 15 million to the Plaintiff on August 1, 2015.

[Based on Recognition - Unsatisfy Facts, Gap's 1 through 3, 6, 9 evidence, Eul's 1 through 3 (including each number), the testimony of the witness E at the trial, the purport of the whole pleadings]

2. Determination

A. The plaintiff's assertion is obligated to pay 10 million won the unpaid deposit to the plaintiff.

The Plaintiff received money from E.