1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff KRW 100,000.

3. All costs of the lawsuit are assessed against the Defendant.

Basic Facts

On September 16, 2014, through a voluntary auction procedure, the Defendant acquired the ownership of the second floor F of the land E Commercial Building on two parcels outside Songpa-gu Seoul, Songpa-gu, Seoul (hereinafter “instant commercial building”) (Evidence A8), and delegated C on November 4, 2014 with all the authority, including the conclusion of a lease agreement on the instant commercial building, receipt of money, postal delivery, litigation, etc.

(A) As of June 7, 2015 between the Plaintiff and the Defendant, the lessor’s “Defendant”, the lessor’s agent “C”, the lessee “Plaintiff”, the lease deposit “10 million won (a balance of KRW 30 million and KRW 70 million)”, and the lease term “from June 7, 2015 to June 7, 2016” (hereinafter referred to as the “lease Agreement”) was concluded.

(A) On May 29, 2015, the Plaintiff transferred a total of KRW 100 million to a bank account in the name of the Defendant’s name, including KRW 30 million and KRW 70 million on June 12, 2015 (No. 5-2). Around that time, the Plaintiff occupied and used part of the instant commercial buildings, and operated the church under the name of Quah Association.

On April 25, 2016, the Plaintiff notified the Defendant that “The instant lease contract will not be renewed. As such, on June 7, 2016, the term of lease expires, the Plaintiff sent notice to the Defendant that “the refund of KRW 100 million of the deposit for lease” (Evidence 1) and that the Plaintiff retired from the instant commercial building on February 28, 2017.

(A) (No. 6. 15) . 【No. 6. 15’s ground for recognition’s absence of dispute, Gap’s evidence No. 1, 2, and 3-1, 4-2, Gap evidence No. 5-1, 2, Gap’s evidence No. 6, 8, and 15’s assertion of the overall purport of the pleadings, and the underlying facts of the judgment as to the grounds for claim, the plaintiff entered into the instant lease agreement with the defendant through Eul, a defendant’s representative, around June 7, 2015, and paid KRW 100 million to the defendant during the lease deposit for the instant commercial building from June 7, 2015 to June 7, 2016.