1. The defendant shall pay 150,000,000 won to the plaintiff and 15% per annum from February 6, 2016 to the day of full payment.

Facts of recognition

On April 10, 2010, the Plaintiff sold C Apartment Nos. 109, 701 (hereinafter “instant apartment”) to the Defendant in the purchase price of KRW 390,000,000. On or around the 20th of the same month, the Plaintiff entered into a contract with the Defendant to establish a right to lease on a deposit basis for the instant apartment from March 21, 201 to March 20, 201, and completed the registration of the establishment of a right to lease on a deposit basis on a deposit basis for the instant apartment from March 21, 2010.

On April 20, 2010, the Defendant deducted KRW 150,000,000 from the purchase price of the apartment of this case from KRW 390,000,000, and KRW 100,000,000 from the secured debt amount of the right to collateral security of the Bank of Korea, and paid the remainder of KRW 140,00,000 to the Plaintiff.

On September 15, 2011, the apartment house of this case was sold by a voluntary auction based on the priority mortgage, and the registration of the establishment of chonsegwon was cancelled.

【Ground of recognition” without any dispute, Gap 1-4 evidence, and the purport of the entire argument as to the above recognition, it is recognized that the above security deposit was paid to the defendant by deducting 150,000,000 won for the security deposit that the plaintiff shall pay to the defendant and receiving the purchase price. Since the right of lease on a deposit basis has expired thereafter, the defendant is liable to return the security deposit to the plaintiff.

Therefore, the defendant is obligated to pay the plaintiff 150,000,000 won and damages for delay calculated by the rate of 15% per annum from February 6, 2016 to the date of full payment after the copy of the complaint was served on the plaintiff. Thus, the plaintiff's claim is justified.