1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant’s lease contract 1) On July 22, 2007, the Plaintiff and the Defendant, as the Defendant and the Plaintiff owned, Nos. 216, 701 (hereinafter “instant apartment”).

(1) The term of a lease contract under the terms and conditions that a deposit is KRW 5 million and that a deposit is leased from September 21, 2007 to September 20, 2009 (hereinafter “instant lease contract”) (hereinafter “instant lease contract”).

2) The first lease contract of this case has been implicitly renewed thereafter.

On August 2013, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement, and the Defendant decided to deliver the instant apartment to the Plaintiff by October 2013.

B. The Plaintiff and D’s lease contract 1) around December 13, 2013, and the Plaintiff leased the instant apartment complex with D and D with a deposit of KRW 120 million during the period from March 13, 2014 to March 13, 2016. However, the contract deposit of KRW 12 million during the contract and the remainder of KRW 18 million is paid on March 13, 2014 (hereinafter “instant lease contract”).

(2) The Plaintiff received KRW 12 million from D around December 13, 2013, the Plaintiff received the payment of KRW 12 million for the remainder of the contract deposit on or before December 13, 2013, on the following grounds: (a) the terms and conditions of the instant lease agreement: (b) the lessee obtained the confirmation of the tenant on December 14, 2013; and (c) the lessee deals with the remainder on the date of the former tenant’s moving-in.

3) On February 2 and March 2014, the Defendant did not deliver the instant apartment to the Plaintiff, and the Plaintiff did not deliver the instant apartment to D. D. The Plaintiff filed a lawsuit against the Plaintiff seeking payment of KRW 24 million, a double of the down payment under the instant secondary lease agreement, and damages for delay.

On October 17, 2014, the above lawsuit was proceeded by public notice against the plaintiff, and the above court rendered a judgment citing all D's claims.

The above judgment became final and conclusive around that time.

2 D above. D.