1. The Defendant’s KRW 140,000,000 as well as 5% per annum from February 25, 2014 to February 5, 2015 to the Plaintiff.

Facts of recognition

The following facts are either not disputed between the parties, or acknowledged by considering the overall purport of the pleadings as a whole in each description of Gap evidence 1, 4, Eul evidence 2, 3, and 4 (including paper numbers, hereinafter the same shall apply), Gap evidence 3, and Eul evidence 5.

The plaintiff's son and the defendant's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

Before C Husband and wife moved into the instant apartment on February 2010, the Plaintiff paid a total of KRW 160 million to the Defendant, including KRW 140,000,000,000 in the name of the lease deposit with respect to the instant apartment, and received a receipt from the Defendant stating “10,000,000 won in house taxes and KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000).”

On the other hand, on November 21, 2013, D filed a lawsuit of divorce, etc. against C (Seoul Family Court 2013Dhap302839) and pending the lawsuit, and C removed from the apartment of this case on January 24, 2014 at the request of the defendant and D.

The Plaintiff asserted that the Plaintiff leased the instant apartment from the Defendant on January 2014, and sought the return of the said lease deposit to the Defendant, asserting that the said lease contract was terminated on or around January 2014.

On the other hand, the defendant asserts that the apartment house of this case was leased to the non-Plaintiff and that the above lease contract was not terminated, so the plaintiff's claim cannot be complied with.

In full view of the following circumstances acknowledged as above, it is reasonable to view that the Plaintiff leased the instant apartment from the Defendant and let C married couple live in the said apartment.

The lessee is a lessee in a lease contract.