1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 12, 2011, the Plaintiff and the Defendant, as co-owners of the buildings listed in the separate sheet (hereinafter “the instant building”) (i.e., co-ownership 1/2), agreed that the Defendant, among the instant buildings, has the right and duty to only each management part of the instant building with respect to the 101, 201, 201, and 301, 201, and 301 (hereinafter “Defendant management part”), and the Plaintiff, among the instant buildings, shall manage 102, 102, 202, and 302, 2, and 302, 2, among the instant buildings (hereinafter “Plaintiff management parts”), and “the obligation to benefit from the use management (lease deposit)” (lease deposit).

(hereinafter “instant management agreement”). B.

At the time of the conclusion of the instant management agreement, the lessee C had already resided in the 101st floor among the Defendant’s management parts (hereinafter “instant housing”). However, C completed the lease registration under Article 3-3 of the said Act (hereinafter “the instant lease registration”) on January 30, 2012, after completing the move-in report on June 9, 2008 and obtaining the opposing power provided for in Article 3 of the Housing Lease Protection Act and preferential payment right provided for in Article 3-2 of the said Act by obtaining the fixed date in the lease agreement, but C did not refund the deposit amount of KRW 50,00,000 (hereinafter “the instant deposit”) from the Defendant after the expiration of the lease term.

C. On June 14, 2012, the Defendant’s co-ownership 1/2 sold to E in the auction procedure of D's real estate, and the registration of ownership transfer was completed on June 14, 2012. On May 15, 2013, the Plaintiff applied for conciliation of co-ownership partition against E on December 21, 2012, and filed for conciliation of co-ownership partition against E., “The Plaintiff shall pay KRW 159,598,000 to E, and E shall comply with the procedure for the registration of ownership transfer as to the above co-ownership, and the Plaintiff and E shall bear one-2 liability for the return of the deposit amount (Seoul Central District Court 2012s money65276, hereinafter “prior conciliation”), and accordingly, the conciliation was established on October 14, 2013.