1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

The reasoning for this part of this Court is as stated in Paragraph (1) of the Reasons for the Judgment of the first instance.

(The main text of Article 420 of the Civil Procedure Act). The main text of the Plaintiff’s assertion is the lessee of the instant lease agreement.

Since the lease contract of this case was terminated upon the expiration of the term, and the defendant had already received the apartment of this case, the defendant is obligated to pay the plaintiff the lease deposit of this case 180,000,000 won and damages for delay.

The plaintiff needs to secure the claim for the lease deposit under the lease agreement of this case in order to secure the claim against C, and the lessee under the lease agreement of this case was changed to the plaintiff by agreement of the plaintiff, the defendant, and C, and the plaintiff received the claim for the refund of the lease deposit from C, and the defendant accepted it.

Therefore, the defendant is obligated to pay the lease deposit and damages for delay to the plaintiff.

Judgment

In a case where an actor who entered into a contract of this case as to who is the plaintiff or the title holder is a party to a legal act in the name of another person, the parties to the contract shall first be determined as the party to the contract in accordance with the consent of the actor and the title holder if the intent of the other party is consistent. If the other party does not coincide with the intent of both parties, the parties should be determined by the reasonable person, based on the specific circumstances before and after the conclusion of the contract, such as the nature, purpose, details, and circumstances of the contract

(see, e.g., Supreme Court Decisions 2003Da44059, Dec. 12, 2003; 82Meu1696, Nov. 22, 1983). In light of the fact that there is no dispute between the parties, or that evidence No. 14-3, 4, B No. 4, 7, 10, and C’s testimony of the witness of the first instance trial added to the overall purport of the pleadings.