1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. As to the building located in Seodaemun-gu Seoul, Seoul (hereinafter “instant building”) 2, 3, and 4, the Plaintiff entered into a lease agreement with the Defendant on the deposit of KRW 120 million, monthly rent of KRW 7 million, the term of the contract from March 20, 2010 to March 20, 2013 (hereinafter “instant lease agreement”), and paid the deposit for the lease (hereinafter “instant lease agreement”).

B. On April 16, 2013, the Defendant donated the instant building to D, a foundation (hereinafter “D”) and completed the registration of ownership transfer due to the said donation on the following day.

Since then, the defendant was appointed as a director of D on May 31, 2013.

C. Meanwhile, around March 2013, the Plaintiff concluded a lease agreement with D with regard to the two and three floors of the instant building: (a) KRW 50 million in a deposit for lease; (b) KRW 4.5 million in a monthly rent; and (c) from March 21, 2013 to March 20, 2015; and (d) concluded a lease agreement with D as a special agreement, that “lease deposit shall be replaced by the balance after settlement with the Defendant.”

The Plaintiff was paid KRW 40 million from D on May 16, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to refund to the Plaintiff the limited remaining lease deposit with the deposit for a newly concluded lease contract from 120 million won to the Plaintiff, barring any special circumstance.

However, as long as the plaintiff seeks to deduct 40 million won from the above lease deposit received from D, the defendant is obligated to return the remainder of 30 million won (120 million won - 50 million won - 40 million won) excluding the above amount.

B. The defendant's assertion 1 is that D is exempt from the defendant's duty to return the lease deposit, or D is removed from the building of this case, and D is also a lessor based on the lease contract of this case.