1. Defendant B, as well as Defendant B, at the same time to receive a building listed in the separate sheet from the Plaintiff and at the same time, Defendant B, as the Plaintiff.

1. Basic facts

A. On October 20, 2003, the Plaintiff leased a building listed in the separate sheet owned by G from G (hereinafter “instant building”) with a lease deposit of KRW 50 million, and thereafter possesses the building up to now through the implied renewal of the lease agreement.

B. Meanwhile, G died on June 28, 2004. At the time, G’s heir was a lineal descendant, Defendant C, H, and F, who was a lineal descendant, and thereafter F died at the same time with his spouse and child on August 22, 2004.

C. At the time of F’s survival, on July 16, 2004, with respect to the instant building in the name of Defendant B and F, the registration of ownership transfer for each 1/2 share was completed due to inheritance by agreement division.

Defendant B sought the termination and surrender of the above lease agreement to the Plaintiff, and the Plaintiff also wishes to terminate the above lease agreement.

[Reasons for Recognition] Unsatisfy, the result of fact-finding on the North Korean head of the Daegu Metropolitan City in this Court (No. 4 November 2015)

2. The assertion and judgment

A. The argument that Defendant B, a 1/2 equity right holder of the building of this case, has agreed on the above lease agreement, asserts that Defendant B, a 1/2 equity right holder of the building of this case, has a duty to return to the Plaintiff about KRW 25 million out of the lease deposit. Defendant B asserts that Defendant B is merely liable for the duty to return only KRW 12.5 million (50 million / 4000) that 4 children of G jointly inherited the building of this case. 2) According to the written evidence No. 2, the judgment of Defendant B was examined, and the will document of this case before G dies was prepared on June 13, 2004 to deliver the building of this case, etc. of this case to Defendant C and H, but thereafter, the registration of inheritance was completed due to the agreement division between co-inheritors and the co-inheritors.

In addition, according to Gap evidence No. 2, with respect to the shares of defendant B among the buildings of this case, the creditor National Agricultural Cooperative Federation was dated November 20, 2004.