1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On April 21, 2011, with respect to the instant house, 100 square meters and pent roof houses on the ground of C, 201.

3. 24. The registration of transfer of ownership in D name was completed on the grounds of sale;

B. Around that time, the Plaintiff and the Defendant drafted a lease contract (Evidence A2) with the lessor, the lessee, the deposit of which is KRW 17,00,000, with respect to part of the instant housing, while the registration of ownership transfer in the name of D was completed.

(hereinafter referred to as “instant lease contract”) set forth in the evidence No. 2

The Plaintiff paid KRW 500,000 in total to the Defendant on April 26, 201, and KRW 17,000,000 in total, including remitting KRW 5,000,000 on May 23, 2011, and KRW 5,500,000 on June 8, 201 (i.e., KRW 5,00,000 in KRW 5,000,50,000 in total, and KRW 6,00,000 in total).

From June 10, 201, the Plaintiff started to live in the instant housing from around June 10, 201.

E. D was killed on May 12, 2012, and D’s wife, F and son G completed the registration of ownership transfer on the instant housing by inheritance shares on December 2, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Defendant, as the actual owner and lessor of the instant house, also received KRW 17,00,000 as the lease deposit. Since the lease of the instant case expired on June 10, 2013, the Defendant is obligated to pay the Plaintiff the deposit amount of KRW 17,00,000,000 and the delay damages therefor ( prime claim). If the Defendant is not the lessor of the instant house, the amount of KRW 17,000,000 that the Plaintiff paid to the Defendant is the amount that the Plaintiff lent to the Defendant. Thus, the Defendant should pay the Plaintiff the deposit of KRW 17,00,000 and the delay damages therefrom.

(Preliminary Claim). (b)

The defendant shall execute the instant lease contract on behalf of the defendant D.