1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. On May 25, 2016, C entered into a lease agreement (hereinafter “instant lease agreement”) with D, setting the deposit deposit amount of KRW 260 million and the term of lease from June 9, 2016 to June 8, 2018 with the Suwon-gu, Suwon-gu, Suwon-si (hereinafter “instant apartment”).

B. On June 2, 2016, the Plaintiff entered into a lease deposit loan agreement with D on the instant apartment (the loan amounting to KRW 28 million, the maximum interest rate for delay, 15% per annum, and the date of loan commencement, June 9, 2016). On June 2, 2016, the Plaintiff entered into a lease deposit agreement with D on the lease deposit repayment claim against D’s lessor C as the creditor and the pledgee (the maximum amount of security KRW 249.6 million).

Article 4 (11) of the above contract to establish a pledge right provides that "the founder shall not sublease all or part of the resident registration address or the leased building to a third party before the lease term expires, and the benefit of the time is lost at the time of transfer or sub-lease."

C. On June 3, 2016, C consented to the Plaintiff’s claim for the refund of the lease deposit against the Plaintiff without objection to the said pledge. On June 9, 2016, C implemented a loan under the said loan agreement.

D On June 9, 2016, upon payment to C of the deposit amount of KRW 260 million under the instant lease agreement. Around that time, D made a move-in report on the instant apartment and resided in the instant apartment.

On June 10, 2016, the Defendant purchased the instant apartment from C. Paragraph 2 of the Clause of the said sales contract provides that “The lease deposit and the lessee shall succeed to the contract with KRW 260 million.”

On June 24, 2016, the defendant completed the registration of ownership transfer on the apartment of this case based on the above sale.

E. D. On October 26, 2016, prior to the expiration of the instant lease agreement, between the Defendant and the Defendant.