1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Basic Facts

The defendant is the person who owned three-story buildings of the C ground reinforced concrete structure (hereinafter referred to as the "instant building") in Ysan-si.

On June 26, 2006, the Plaintiff, the representative director of H (hereinafter “H”) of a limited company for printing business, signboard manufacturing business, etc., set lease deposit amounting to KRW 30 million, monthly rent of KRW 500,000,000, and the lease term of KRW 24 months from June 26, 2006 for the purpose of using the lease deposit amount of KRW 30,000,000 for the left-hand side of the first floor retail store (hereinafter “instant store”) from the Defendant as the office of the said company. At that time, the Plaintiff paid the Defendant the lease deposit amount of KRW 30,000,000.

Although it is not stipulated in the first lease contract of this case, the plaintiff and the defendant set monthly water use fees of 30,000 won for the store of this case.

On December 20, 2006, the Plaintiff and the Defendant newly drafted a lease contract, and the above lease contract is written in terms of KRW 25 million, monthly rent, and each of them is written from January 30, 2007 to 24 months from January 30, 2007.

(hereinafter “instant secondary lease contract”). On February 16, 2007, the Plaintiff obtained a fixed date on the instant secondary lease agreement.

With respect to the building of this case, the right to collateral security had been registered prior to the date of acquisition of opposing power of the plaintiff, and the decision to commence voluntary auction was rendered as D on July 3, 2007 at the request of the said mortgagee.

In the above auction procedure, the Plaintiff reported the claim for the refund of the lease deposit amounting to KRW 25 million, but failed to receive dividends.

The building of this case was awarded to E on May 22, 2008 and the registration of ownership transfer was completed to E on May 27, 2008.

The Plaintiff delivered the instant store to E around July 2008.

The defendant filed an application for immunity with the Jeonju District Court 2009Gu309, 2009Hadan308, and the above.