1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 2, 2012, the Defendant leased to C real estate listed in the separate sheet (hereinafter “instant building”) with a lease deposit of KRW 55 million, KRW 200,000 per month, and the lease term of KRW 10,000 from June 10, 2012 to June 10, 2014 (hereinafter “instant lease”).

B. On July 19, 2012, the Plaintiff drafted a sales contract stating that the Defendant purchases the instant building at KRW 72 million (hereinafter “instant sales contract”) from the Defendant, and the Defendant completed the registration of ownership transfer on the same day.

C. On November 25, 2014, the Plaintiff paid KRW 500,550,000,000 to C, claiming the opposing power of the instant lease, from the lease deposit stipulated in the instant lease.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 3-1, 2, and 4, the whole purport of the pleading

2. Determination as to the cause of action

A. The Plaintiff asserted by the parties, around 2008, lent the amount of KRW 72 million to the Defendant, and the Defendant was not fully paid the amount.

On June 2012, the Plaintiff received the ownership of the building of this case from the payment in lieu of the Defendant and the above loan claims, and the Defendant agreed to pay C the deposit amount of KRW 5 million when the lease term of this case expires.

Nevertheless, the Defendant asserts that the Plaintiff was liable to compensate the Plaintiff for damages equivalent to the amount of the above lease deposit, as the Defendant did not pay it on behalf of the Plaintiff.

The defendant did not borrow money to the plaintiff, borrowed 30 million won to D, and transferred the ownership of the building of this case to D as payment in kind, and D was responsible for the lease deposit of this case to D.

B. We examine the judgment, and trust that part of the witness D’s testimony as shown in the Plaintiff’s assertion was the Plaintiff’s oral statement.