1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On July 5, 1988, the purchase and sale contract for the F housing in the name of the plaintiff was concluded, and the real estate in this case was newly constructed on the site of the above house and the registration of ownership preservation on the real estate in the name of the plaintiff was completed on October 23, 1997.

B. On March 30, 2015, D, the Plaintiff’s agent, entered into a lease agreement with the Defendant on the term of lease on the instant house from April 30, 2015 to April 30, 2017. The lease deposit amount was KRW 190,000,000. On April 13, 2015, D, as the Plaintiff’s agent, prepared a lease agreement with the Defendant on the instant house from April 30, 2015 to April 30, 207; “The lease deposit was KRW 190,000,000,000,000,000,000 as the lease deposit amount was provided to the bank; and “The deposit was paid KRW 10,000,000,000,000,000 as the lease agreement was concluded.”

C. The Defendant received the instant house from D and is residing in the instant house until now, and the Defendant delivered KRW 30,000,000 as a check on May 12, 2015, to D’s account, the spouse of D’s spouse, as a deposit for lease of the instant house, KRW 10,000,000 on April 14, 2015, and KRW 10,000,000 on May 15, 2015, and KRW 10,000 on July 22, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, 4, 5, 6, 7, 8, 19 through 22, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff Defendant without the authority to possess the instant house owned by the Plaintiff, thus seeking the transfer of the instant house.

B. The Defendant entered into a lease contract with Defendant D with the term of April 30, 2019, which is the lease deposit amount of KRW 95,000,000 for the instant house, and the said lease deposit.