1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The defendant asserts that the tenant who entered into a lease agreement with himself/herself is not the plaintiff but the plaintiff's mother C, and therefore the plaintiff has no standing to be a party.

On the other hand, in a lawsuit for performance, the standing to be a party lies in the person who asserts that he/she has the right to demand performance, which is the subject matter of the lawsuit, and whether the right to demand performance exists or not, shall be proved through the deliberation of the merits (see, e.g., Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). The plaintiff asserts that the right to claim the return of the lease deposit, which can be exercised against the defendant as the lessee of the lease contract, exists in himself/herself, and this is merely an argument about the existence of the right to claim the performance subject to the deliberation

2. The parties' assertion

A. On June 24, 2016, the Plaintiff entered into a lease agreement with the Defendant setting the lease deposit amount of KRW 10,000,000 on the D Ground Housing in Hongcheon-gun, Hongcheon-gun (hereinafter “instant Housing”).

On June 24, 2016, the Plaintiff paid KRW 2,000,000 to the Defendant in cash, and paid KRW 8,000,000 on July 14, 2016 by means of issuing 100,000 cashier’s checks.

Since the plaintiff moves out of the house of this case and the defendant did not raise any objection despite his recognition, the lease contract between the plaintiff and the defendant is terminated, the defendant should refund the deposit for lease deposit of 10,000,000 won and delay damages.

The Defendant asserted that there was no lease deposit for the instant house, and that monthly rent was KRW 300,00,000, and presented a lease contract (Evidence 1) made on the same content. However, this is a false document prepared by the intention of the Plaintiff’s mother C to reduce his/her own property and meet the requirements for receiving subsidies.

The plaintiff paid monthly rent to the defendant.