The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Basic Facts

A. On March 1, 2016, the Defendant entered into a lease agreement with Jincheon-gun, Jincheon-gun, Jincheon-gun, with the content that deposit money for lease is KRW 15 million, and that the lease term is to be leased from March 13, 2016 to March 12, 2019.

B. The Plaintiff is the son of the deceased E (hereinafter “the Deceased”). As the Deceased died on October 29, 2017, the Plaintiff solely inherited the deceased’s right to the instant housing following the agreement on the division of inherited property on June 20, 2019.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence Nos. 1, 3 through 5, and the purport of the whole pleadings

2. The parties' assertion

A. On February 6, 2017, the Plaintiff and the Deceased entered into a sublease contract with the Defendant to set a sub-lease of KRW 15 million with respect to the instant house until March 12, 2019, and paid KRW 15 million to the Defendant around that time.

Since the above sub-lease contract has expired after the expiration of the period, the defendant is obligated to return the sub-lease deposit amount of KRW 15 million to the plaintiff who inherited the deceased.

B. After transferring the right to lease of the instant house to the deceased, the Defendant only left the position of the lessee by receiving the refund of KRW 15 million from F, a representative of C, and did not conclude a sublease contract with the deceased.

3. Determination

A. According to the evidence evidence in Gap, Eul evidence Nos. 2 and 8, Eul evidence Nos. 1 and 2, the deceased paid the defendant, through G and F, KRW 13 million on Feb. 6, 2017, and KRW 20 million on Feb. 6, 2017, and the defendant prepared a receipt that he/she received KRW 15 million on Feb. 6, 2017 to the deceased on Feb. 6, 2017, and it is recognized that the defendant prepared the receipt that he/she received KRW 15 million on Feb. 6, 2017, and that he/she added the whole arguments to the above recognized facts and the evidence Nos. 6, 9, and 10 on the evidence No. 6, and the purport of the entire arguments as follows.