1. The plaintiff's claim is dismissed.

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

1. Summary of the plaintiff's assertion

A. A. Around 2013, the Plaintiff and the Defendant agreed to construct a new building with their own expenses on two lots outside C, the third day of Sejong-si, the land owned by the Defendant (i.e., the land category was changed from “the front day” to “the building site”) and (ii) the third day (hereinafter “instant land”). After the construction of the new building, the Plaintiff and the Defendant agreed to rent the first floor of the building from the Defendant and replace the lease deposit with the cost of new construction.

B. The Plaintiff newly constructed a building on the instant land, and the circumstances of the Plaintiff and the Defendant did not make sales payments in the said building.

C. On May 9, 2015, the Plaintiff entered into an agreement with D and D, which represented the Defendant as the former husband, to set the deposit amount of KRW 100 million, and the Defendant to return the said money by June 30, 2016.

However, the defendant only returned 25,000,000 won out of the above money, but did not return the remaining 75,000,000 won.

E. Therefore, the Defendant is liable to pay the Plaintiff the above KRW 75,000,000 and damages for delay.

2. Determination

A. The following facts are acknowledged in full view of the purport of the entire pleadings in Gap evidence 1 to 3 (including paper numbers), 12, and Eul evidence 2, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

(1) Around 2013, the Defendant’s husband, as the Defendant’s agent, drafted a lease agreement (hereinafter “instant building agreement”) with the Plaintiff and the Plaintiff stating that “The Plaintiff newly constructed the building on the instant land, and thereafter rents the building and replaces the lease deposit with the cost of new construction of the building” (hereinafter “instant building agreement”).

(2) On February 2015, the Plaintiff completed the construction of the instant building on the instant land (hereinafter “instant building”) and on February 2, 2015, registration of ownership preservation was completed in the name of the Defendant regarding the instant building.

(3) On May 9, 2015, D determined the deposit amount for the lease of the Plaintiff and the building, as the Defendant’s agent, as KRW 100 million, and the Defendant paid the said money until June 30, 2016.