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 Nonparty C entered into a lease agreement between the Plaintiff and Nonparty C with respect to the building Pyeongtaek-si D and E (hereinafter “instant house”) (hereinafter “instant lease agreement”) and the lease agreement between June 15, 2012 to June 15, 2014 (hereinafter “instant lease agreement”). The Plaintiff deposited the lease deposit amount of KRW 40 million (hereinafter “instant lease deposit”) into the account of Nonparty C.

Since then, the above contract was renewed and extended to the middle half of June 2016.

B. On September 22, 2015, the Defendant succeeded to the Defendant’s lease agreement from Nonparty C to purchase the entire building including the instant heading, and became the owner by completing the registration of ownership transfer on October 26, 2015, and succeeded to C’s lessor status by succeeding the contract between the Plaintiff and Nonparty C.

C. The Plaintiff and the Defendant agreed to terminate the lease agreement between the Plaintiff and the Defendant and the subject-matter of the Plaintiff around May 2016, and the Plaintiff transferred the instant heading room on June 17, 2016 when the lease agreement term expires.

On June 30, 2016, according to the termination of the lease agreement of this case, the defendant who returned the lease deposit to Nonparty F is entered in the register of G corporate register as H.

The lease deposit amount of KRW 39,970,00 (the management fee of KRW 30,00) was refunded to Nonparty F, the representative of the Committee.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 2 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff did not delegate the right to receive the lease deposit returned to anyone, and the Defendant did not receive the refund of the lease deposit from the Defendant. Therefore, the Defendant returned the lease deposit of this case to the Plaintiff, and the Civil Act from June 17, 2016 to the date when the Plaintiff delivered the instant lease deposit to the Defendant.