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. Summary of the parties' arguments;

A. Plaintiff 1) On March 2010, the Plaintiff is a single-story building (area: 168 square meters; hereinafter “instant building”) on the ground from the Defendant in Echeon-si, Leecheon-si.

2) The Plaintiff and the Defendant concluded a lease agreement with each of the following terms: (a) lease deposit amounting to KRW 50,000,000; and (b) lease amounting to KRW 1,000,000 per month; and (c) lease agreement entered into between the Plaintiff and the Defendant regarding the instant building is deemed as the instant lease agreement.

() The Defendant paid KRW 30,00,000 on two occasions as the above lease deposit, and KRW 10,000,000, which was the husband of the Plaintiff, paid KRW 10,000,000, out of the construction cost of the retaining wall and floor ready-mixeds after the instant building owned by the Defendant, which is to be paid by the Defendant, in lieu of the payment of KRW 10,000,000, out of the above lease deposit. Thereafter, the Plaintiff agreed to terminate the instant lease contract with the Defendant around December 2, 2013, and delivered the instant building to the new lessee, the Defendant paid KRW 10,00,000 to the Plaintiff on December 30, 203 as the return of the above lease deposit, and did not return KRW 30,000,000,000, which was paid to the Plaintiff at his own discretion, and did not recover KRW 50,000,000,000 from the instant restaurant without permission.

3) Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 30,000,000 in the balance of lease deposit and KRW 5,000 in unjust enrichment and KRW 35,00,000,000, and delay damages therefor. (B) Defendant (Defendant 1) around March 2010, between the Plaintiff and the Plaintiff, the Defendant’s building of this case is KRW 40,000 in the lease deposit and the rent.