1. The Defendant’s KRW 33,469,071 as well as the Plaintiff’s annual rate from December 24, 2016 to March 30, 2018.

1. Basic facts

A. On April 24, 2014, the Defendant completed the registration of ownership transfer on April 21, 2014 with respect to multi-family houses with the fourth floor above the ground of the Chungcheong-gun C (hereinafter “multi-family houses in this case”).

B. On February 28, 2016, the Plaintiff entered into a lease agreement with the Defendant, stating that the Plaintiff shall lease KRW 401 of the fourth floor of the instant multi-family house (hereinafter “instant house”) from the Defendant with the term of KRW 65 million (hereinafter “the instant lease deposit”) and the term of lease from February 28, 2016 to February 28, 2018 (hereinafter “the instant lease agreement”). The Plaintiff paid the said lease deposit by way of remitting the said deposit to the Defendant’s account, and completed the registration of the establishment of chonsegwon with the term of KRW 65 million as to the instant multi-family house.

C. The instant multi-family house was in progress with the auction procedure to Cheongju District Court E in accordance with the voluntary auction application of the Cheongju District Credit Cooperatives, a senior mortgagee, and was sold to a third party. On the date of distribution, the Plaintiff received the distribution of KRW 11,530,929 out of the instant lease deposit as a person having chonsegwon on the date of distribution, and then handed over the instant house to the said purchaser around December 23, 2016.

Meanwhile, on the other hand, the Plaintiff filed a complaint against D with the charge of fraud, and as a result of the investigation, D was prosecuted, and was sentenced to the judgment of conviction on August 18, 2017 by the Plaintiff on the charge of obtaining the instant lease deposit from the Cheongju District Court 2016 Goju District Court 2661 in the fraud case, and appealed from Cheongju District Court 2017No117 in response thereto. On November 14, 2017, the appellate court continued to reach the criminal agreement with the Plaintiff and paid KRW 20 million as the agreed amount to the Plaintiff.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion D pertaining to the lease of the instant house from the Defendant.