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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Judgment on the main claim
A. The Plaintiff’s assertion 1) around August 2001, 2001, the Plaintiff No. 401 of the fourth floor of the D Building (hereinafter “instant building”).
(2) On December 17, 2001, H leased the instant building from the owner H to KRW 40,000,000, and paid KRW 40,000 to H the lease deposit. (2) On December 17, 2001, H sold the instant real estate in KRW 155,00,000 to the Defendant. At that time, the Defendant accepted the Defendant’s obligation to return the lease deposit amount of KRW 40,000 against the Plaintiff.
3) On December 7, 2001, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 40,000,000 and the lease term of KRW 12 months (hereinafter “instant lease agreement”).
(4) On April 9, 2013, the instant lease agreement continued to be renewed, and was terminated upon delivery by F real estate delivery order following the commencement of the auction procedure for real estate rent E by the Incheon District Court.
5 Therefore, the defendant is obligated to return the above lease deposit to the plaintiff KRW 40,000,000.
B. In full view of the facts stated in the evidence Nos. 1, 2, 3, and 6-1, 2, and 10 of the evidence Nos. 6-2, and the testimony of the party witness H, the Plaintiff: (a) the Plaintiff leased the instant building from H and paid KRW 40,000,000 to the Plaintiff; (b) on December 17, 2001, H entered into a sales contract with the Defendant for selling the instant building for KRW 15,000,000; and (c) the Defendant received the remainder after deducting the above lease deposit; (d) the registration of ownership transfer was completed on the same day; and (e) the Plaintiff made the registration of ownership transfer from the Defendant on December 7, 2001 on the same day; (e) the lease deposit was completed from the Defendant for KRW 40,00,000; (e) the lease deposit was set at KRW 400,000,000; and (e) the Plaintiff’s lease agreement for 203 years 20.