1. The defendant shall receive real estate stated in the attached list from the plaintiff at the same time, and 20 million won shall be applied to the plaintiff.

1. Facts of recognition;

A. On August 16, 2013, between the Plaintiff and the Defendant, the Plaintiff leased from the Defendant the following content:

- Lease deposit: 20 million won - monthly rent: 900,000 won - Term of lease: from August 20 to August 19, 2015 (24 months);

B. The Plaintiff paid KRW 20 million to the Defendant at the time of the lease agreement and operated the instant store with D’s trade name at the instant store, and the said lease agreement was terminated on August 2015, and the termination of the lease agreement was completed.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The party's assertion and judgment

A. (1) At the time of concluding the lease contract of this case, the Plaintiff paid 35 million won premium to the Defendant at the cost of the house construction, facilities, and various kitchen supplies, etc. of the instant store.

(2) The Plaintiff delivered the instant store to the Defendant at the time of the termination of the said lease agreement.

(3) Therefore, the Defendant is obligated to refund 5 million won to the Plaintiff (=20 million won for lease deposit).

B. It was true that the Defendant received KRW 35 million from the Plaintiff as the lease deposit, etc. However, since the Defendant leased the instant store to the Defendant and received the interior fees, various facility expenses and fixtures, etc. from the Plaintiff, the Defendant did not have any obligation to return the said KRW 35 million to the Plaintiff.

(2) The Defendant did not return the above lease deposit to the Plaintiff, unless the Plaintiff delivers the instant store to the Defendant, as the Plaintiff did not deliver the instant store to the Defendant by correcting the said store with locks, etc. so far.

C. (1) Determination is that the payment of premiums, which is accompanied by the lease of a building for business use on the part of the claim for premiums, does not constitute the contents of the lease contract.