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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
Reasons
1. On September 13, 2010, the Plaintiff entered into a contract to lease on a deposit basis with the head of Jung-gu Seoul Special Metropolitan City E building No. 1608 (hereinafter “instant real estate”) with the head of wife, setting the lease period as KRW 220 million from the date of delivery to November 4, 2012. The Defendant acquired the ownership of the instant real estate on April 7, 2011 and succeeded to the status of the said settlor; the Plaintiff agreed to terminate the lease contract on the instant real estate with the Defendant; the Plaintiff delivered the instant real estate on June 19, 2012, around the expiration of the lease period; the Defendant paid KRW 100,000,000,000,000,000,000,000,000 won for the long-term repair appropriations as KRW 210,860 on behalf of the Defendant; or there is no dispute between the parties, or the purport of evidence No. 34, 425, and 5.
2. The assertion and judgment
A. The plaintiff asserts that the plaintiff should return the above money to the plaintiff because he did not pay the above money if he did not pay the above money to the defendant, even though he did not have a reason to pay the above money. However, each statement and image of Gap evidence Nos. 4 through 11 are insufficient to recognize it, and there is no other evidence to acknowledge it. Rather, according to each statement of evidence Nos. 6 and No. 3, according to the agreement between the plaintiff and the defendant, the plaintiff paid the repair cost due to the damage to the water system and the brokerage fee to the new lessee. Thus, the plaintiff's assertion is without merit, since the lease contract is terminated by the agreement between the plaintiff and the defendant, it is presumed that the plaintiff paid the repair cost due to the damage to the water system and the brokerage fee to the new lessee.
B. For the long-term repair appropriations, the Plaintiff has paid the long-term repair appropriations to the management office during the lease period.