1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Yeongdeungpo-gu Seoul Metropolitan Government C apartment B (hereinafter “instant building”) shared 202 units located underground (hereinafter “the instant object”) with each owner of the eight units located above the ground as a building with the 1st basement and 4th floor above the ground, and used or leased it to others for the purpose of storage, etc., and used it as joint management expenses. The Defendant was responsible for the management of the instant building around 2010.

B. On August 2010, the Plaintiff entered into a contract with the Defendant to remodel the instant object for residential purpose (hereinafter “instant construction”). On October 2010, the Plaintiff completed the instant construction work.

C. On November 5, 2010, between D and D, the owner of the instant building 502 as the Defendant’s broker, stated the deposit amount of KRW 20 million on the instant object, and KRW 200,000 per month on the lease agreement, which is KRW 300,000,000,000 per month, but there is no dispute between the parties as to the actual rent and KRW 300,00 per month.

From November 5, 2010 to 24 months, each lease contract was concluded (hereinafter “instant lease contract”). D.

At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant agreed to recognize the amount of KRW 5 million out of the lease deposit KRW 20 million as the lease deposit in lieu of the construction cost unpaid to the Plaintiff in connection with the remodeling construction of the instant object.

Accordingly, on November 5, 2010, the Plaintiff paid 15 million won as a check to the Defendant, and received delivery of the purpose of this case and resided in the subject matter of this case until July 30, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, Eul evidence 1 and 5, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the contract price as agreed in relation to the instant construction project was KRW 15 million, but only KRW 5 million among the Defendant.