1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant is a lessee who leased and used the U.S. D. D. E (hereinafter “instant real estate”) from Ulsan-gun, Ulsan-gun.

B. On September 20, 2007, the Plaintiff drafted a lease contract with the Defendant for the lease deposit of KRW 23 million with respect to the instant real estate (hereinafter “instant contract”). Accordingly, the contract entered into accordingly was paid to the Defendant KRW 23 million, and the said real estate was handed over on October 19, 2007 and resides in the said real estate until now.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Defendant, for the purpose of returning its lease deposit from C, belonged to the current status and owner of the instant real estate and sub-leaseed it to the Plaintiff.

Therefore, the instant contract between the Plaintiff and the Defendant is concluded by the Defendant’s deception. Since the Plaintiff terminated the said contract on or around March 23, 2017, the Defendant is obligated to return the said KRW 23 million to the Plaintiff.

B. The Defendant was merely a lessee of the instant real estate and did not sublease the said real estate to the Plaintiff.

Although the term of the lease contract with C expired, the Defendant advertised with C who did not return the lease deposit, and came to know of the Plaintiff as a new lessee. In the process, the Defendant made a substitute for the lease contract on the instant real estate between C and the Plaintiff.

On the other hand, the contract of this case is merely prepared by the Defendant, who is a new lessee, in a way that the former lessee, directly received the lease deposit of KRW 23 million from the Plaintiff, and the Defendant, after receiving KRW 23 million from the Plaintiff, returned the lease contract between C and the Defendant to C at the request of C, thereby having a contractual relationship related to the real estate of this case.