1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A. Around April 2, 2010, the Plaintiff entered into a lease agreement with D, the Defendant’s Siberter, with the Plaintiff, to lease part of the Dongjak-gu Seoul Metropolitan Government ground buildings owned by the Plaintiff during the period from May 30, 2010 to May 29, 2012, the Plaintiff agreed to pay the remainder of KRW 6 million at the time of the lease deposit and the remainder of KRW 54 million on May 30, 2010.

(hereinafter referred to as “instant lease”). B.

The Plaintiff, around May 30, 2012, paid KRW 60 million in total as the name of the refund of the deposit for lease until May 30, 2012, including the transfer of KRW 6 million to the account under the Defendant’s name when the term of the instant lease expires.

[Ground of recognition] Evidence No. 1, Evidence Nos. 1, 2, Eul No. 4-1, 2-2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion that the defendant paid KRW 50 million out of the lease deposit amounting to KRW 60 million to the former lessee through a broker, but did not pay the remainder KRW 10 million.

However, the Plaintiff erroneously paid KRW 60 million as the name of the refund of the lease deposit at the time of termination of the lease of this case by mistake that the Plaintiff received the full amount of KRW 60 million from the Defendant.

Therefore, the defendant is obligated to return KRW 10 million, which is equivalent to the difference between the actual lease deposit paid and the actual lease deposit returned by the plaintiff.

B. The evidence submitted by the Plaintiff alone regarding the fact that the Plaintiff’s obligation to return the lease deposit, which the Plaintiff actually incurred, was 50 million won, and that the amount was erroneously paid and thus returned KRW 60 million, is insufficient to acknowledge such obligation.

Rather, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of pleadings, as follows: ① the lease deposit amount is KRW 60 million in the instant lease contract (No. 4-2) and ② the lease contract of this case is a licensed real estate agent.