1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The plaintiff's assertion is that the plaintiff was aware of C, the defendant's spouse, around October 200, and paid KRW 40,000,000 as lease deposit around 201, and was living in the underground floor of the building D's land owned by the defendant, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, Seoul, which was owned by the defendant. On December 14, 2004, the plaintiff was residing as a director under 201 of the building E's ground

On April 2015, around 2015, KRW 80,000 was determined as KRW 80,000 and leased KRW 301 of the above building. Since C died around October 2015, the Defendant demanded the eviction and removed from the leased object, the Defendant asserts that the Defendant is liable to pay KRW 80,000,000 and delay damages to the Plaintiff.

B. As to the above assertion by the Defendant, the Defendant: (a) paid KRW 20,000,000 as lease deposit on the D underground floor in Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) as to the above argument by the Plaintiff, the Defendant: (c) has accumulated friendship with

Around May 2003, when a director of E 2nd floor, the monthly rent of KRW 300,000,000 was set as KRW 20,000,000, and around April 2015, C returned to the Plaintiff. Around April 2015, the Plaintiff used the above E 3rd floor, but did not determine the lease deposit amount of KRW 80,000,000, or receive the said lease deposit from the Plaintiff, and the Plaintiff did not leave the said second floor. Therefore, the Defendant did not have a duty to pay the Plaintiff the lease deposit of KRW 80,00,000.

2. We examine the judgment, and there is no dispute as to the fact that the plaintiff resided in the defendant's building.

However, the plaintiff paid 80,000,000 won to the defendant as a deposit for lease and bears the burden of proving that the building was leased by the plaintiff.

The plaintiff's assertion that the lease deposit amount of KRW 80,00,000 prepared with the defendant could not be obtained as evidence, and that the plaintiff could not submit it as evidence with regard to the lease deposit of KRW 40,000,000, which was paid in around 2001. The plaintiff extended from October 2001 to January 8, 2004.