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 (1) On September 27, 2010, the Plaintiff entered into a contract with D on the lease deposit amounting to KRW 101,50,000,000,000,000,000,000,000,000 won per month for rent, management expenses, monthly management expenses, and period of lease from October 8, 201, under which the Plaintiff paid KRW 5,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

(2) Meanwhile, on May 10, 2012, the Defendant, the father of C, held the title trust of the instant building to C, and such title trust agreement is null and void, and thus, the Defendant asserted that the Defendant had the right to claim the cancellation of the registration for the preservation of ownership of the instant building, and executed the instant provisional disposition with regard to the prohibition of disposal.

(Seoul Northern District Court 2012Kadan2844). (3) After that, the Defendant: (a) concluded a lease contract with the Defendant as the Defendant is the actual owner of the instant building; (b) concluded a new lease contract with the Defendant; and (c) on May 12, 2012, the Plaintiff and the Defendant concluded a contract with the Defendant that “The Plaintiff shall rent the instant building 101 from the Defendant KRW 5 million, monthly rent, KRW 350,000,000, monthly management fee, and KRW 30,000,000,000, monthly management fee, and the contract with the previous Plaintiff shall be null and void.”

(4) From October 28, 2010 to December 8, 2011, the Plaintiff paid C a total of KRW 4,910,000,000,000,000,000,000,000,000 from May 14, 2012 to August 8, 2012.

(5) On October 8, 2012, the Plaintiff delivered C the instant real estate No. 101 to C via D.

[Ground of recognition] A.