1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 30, 1997, Nonparty C concluded a contract to establish a right to lease on a deposit basis with ownership at the time, and completed the registration of the establishment of a right to lease on a deposit basis from November 11, 1998 to December 30, 1997, the duration of which is 91,00,000 won for lease on a deposit basis, and the duration of which is from December 30, 1997 to December 30, 1999.

B. The above chonsegwon was transferred to Nonparty D on June 9, 2001, to Nonparty E and F on December 17, 2001, and the F’s share was transferred to Nonparty G on April 17, 2002, and E’s share was transferred to Defendant on February 17, 2003, respectively, and on December 31, 2003, the share of G was transferred to Defendant.

C. On March 24, 2014, the instant real estate was sold to the Plaintiff through voluntary auction (U.S. District Court H) and the registration of ownership transfer was completed on June 5, 2014 in the name of the Plaintiff.

At the time, the appraisal price of the instant real estate was KRW 189,00,000, but the Plaintiff was awarded a successful bid for KRW 10,100,000 on the 17th date ( February 20, 2014) at the end of the continuous inspection.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 6 (including branch numbers for those with serial numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The right to lease on a deposit basis, which is a ground for the registration of the establishment of the right to lease on a deposit basis, expired.

Since the registration of the establishment of the right to lease on a deposit basis does not exist, even if the invalidation is registered or the claim for the return of deposit for lease on a deposit basis exists, the extinctive prescription was completed.

B. 1) Determination 1) It is presumed that the instant chonsegwon belongs to the Defendant due to the existence of the registration of the establishment of chonsegwon, and the existence of the contract to establish chonsegwon, which is the cause of registration, and the presumption that the deposit amount is KRW 91,00,000, as stated in the registration of the establishment of chonsegwon (the presumption of legal right

Therefore, in order to recognize a different fact, the plaintiff who intends to be exempted from such presumption must prove it.

However, there is no claim for the refund of deposit.