1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) attached Form from the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. H completed registration of initial ownership on September 14, 1990 with respect to the real estate stated in the separate sheet (hereinafter “instant real estate”).

B. On Apr. 14, 1997, I completed the registration of transfer of ownership on the instant real estate. On Jan. 6, 2006, I completed the registration of creation of chonsegwon with the entries in the counterclaim claim on Jan. 6, 2007, with the lease deposit amounting to KRW 10 million on Jan. 6, 2006, duration and return period.

(hereinafter “Registration of creation of chonsegwon”). C.

H filed a lawsuit against I on January 29, 1997 with respect to the instant real estate, seeking the implementation of the ownership transfer registration procedure due to an agreement for transfer on January 29, 2006. On February 27, 2007, the lawsuit was initiated by service by public notice and the judgment was rendered in favor of H on February 27, 2007 (Seoul Southern District Court Decision 2006Ga38653, Feb. 27, 2007). H completed the registration procedure for ownership transfer of the instant real estate by the said final judgment.

H Deceased on July 11, 2009, the Defendants inherited H in proportion to 1/3 shares, respectively.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 2, the purport of the whole pleadings and arguments

2. Determination on the principal lawsuit and the counterclaim claim

A. A. The claim for return of deposit on a deposit basis - Where the ownership of the subject matter is transferred after the establishment of the principal right to lease on a deposit basis - The right to lease on a deposit basis continues to exist between the former owner of the right to lease on a deposit basis and the new owner of the subject matter who acquired the ownership of the subject matter, and the new owner of the subject matter is the direct party to the right and duty of lease on a deposit basis established between the former owner of the right to lease on a deposit basis and the person having chonsegwon, and when the right to lease on a deposit basis ceases to exist (Supreme Court Decision 9Da15122 delivered on June 9, 200). The first established the right