1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 10, 2006, the Plaintiff leased from the Defendant a building located in Busan-gu, Busan-do (hereinafter “instant building”) at KRW 100,000,000 for lease deposit and KRW 5,000 for monthly rent.

At the time of the above lease agreement, the Plaintiff and the Defendant determined that “it is not possible to demand premium and facility costs,” and the Plaintiff paid KRW 100 million to the Defendant.

B. On November 22, 2016, the Defendant concluded a sales contract with the Plaintiff to sell the instant building to another person on or around December 28, 2016. The Defendant was informed the Plaintiff several times to the Plaintiff, and requested the Plaintiff to order the instant building since the lease contract with the Plaintiff has already been terminated. The Plaintiff is aware that the said sub-lease was sub-lease of the instant building without the Defendant’s consent. As the Plaintiff was voluntarily performed without the Defendant’s consent, the Plaintiff is responsible for the said sub-lease. The name of the said sub-lease is included in the name of the said lessee. The order to be performed by the Plaintiff includes the name of the said lessee. On December 28, 2016, the remaining payment of the purchase and sale payment of the instant building was made at the same time as the name of the instant building was made, and if the Plaintiff did not surrender the instant building to the Defendant, all damages should be claimed against the Plaintiff.”

C. The Defendant paid KRW 8.5 million to E among the lessee of the instant building, and KRW 9.5 million to D, and paid KRW 79.2 million to the lessee of the instant building. On February 9, 2017, the Busan District Court deposited KRW 20.8 million with the Plaintiff as the principal deposit account in Busan District Court Decision 922 in 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that the defendant paid to the lessee of the building of this case KRW 79.2 million to the lessee of the building of this case and deposited KRW 20.8 million as the principal deposit.