1. The plaintiff's claim is dismissed.

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

Basic Facts

(1) The Defendant is the husband of the Plaintiff (C) who represented C on February 20, 2012.

2) In addition, the Defendant’s 4-dong, Doz. D’s Doz. (hereinafter “instant telecom”).

B) A contract under which the term of the lease deposit is determined and fixed from March 6, 2012 to March 5, 2014 (hereinafter “instant lease agreement”) to the effect that the lease deposit is KRW 60 million, the rent is KRW 10 million per month, and the lease period is determined from March 6, 2012 to March 5, 2014.

(2) On March 6, 2012, the Defendant paid 600 million won for the lease deposit of the instant lease agreement to the Plaintiff side, and on the instant cartel and its site, on March 6, 2012, registered the establishment of a right to lease on a deposit basis for lease on a deposit basis with the Plaintiff.

3) However, on August 14, 2013, during the instant lease agreement, C sold the instant franchise and its site to E, and completed the registration of ownership transfer on January 7, 2014. (4) The Defendant raised an objection against C around January 20, 2014, and notified C that E succeeds to the status of a lessor of the instant lease agreement pursuant to the said sales agreement between C and E, and that the instant lease agreement was terminated.

5) Subsequent to the commencement of the auction procedure on the instant cartel and site, and on February 12, 2015, the Plaintiff received KRW 146,103,530 from the position of a person having chonsegwon on the date of distribution. The Defendant’s provisional attachment and the Plaintiff’s deposit for release from the sea. On May 16, 2014, the Defendant asserted that, around May 16, 2014, the Plaintiff had a duty to return the lease deposit under the instant lease agreement to the Defendant, as the Daejeon District Court 2014Kadan2789, the Plaintiff was obligated to return the lease deposit to the Defendant, and the Plaintiff’s real estate owned by the Plaintiff was provisionally seized (hereinafter “instant provisional attachment”).

2. On June 17, 2014, the Plaintiff deposited KRW 600 million with the deposit money for the provisional seizure of this case as the Daejeon District Court No. 3408, 2014, and around that time, the Plaintiff was revoked to execute the provisional seizure of this case.

The defendant's lawsuit on the merits.