1. The primary defendant shall pay 5 million won to the plaintiff.

2. A. Before the conjunctive Defendant:

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) Nos. 1-3; and (c) the fact-finding results to the head of Busan Metropolitan City of Busan Metropolitan City.

On July 12, 2013, the Plaintiff entered into a contract with the primary Defendant to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the said Defendant with a deposit of KRW 5 million, monthly rent of KRW 250,000,000, and the term of February 28, 2015 (hereinafter “instant lease contract”). On July 30, 2013, the Plaintiff paid a deposit of KRW 5 million to the said Defendant, and received the instant real estate from the said Defendant.

B. On March 4, 2015, the primary Defendant entered into a contract with the conjunctive Defendant, the husband, to donate the instant real estate (hereinafter “instant donation contract”) and completed the ownership transfer registration based on the instant donation contract (hereinafter “instant ownership transfer registration”) with the Busan District Court’s Busan District Court’s receipt of the registry office on March 10, 2015. However, the primary Defendant did not have any special property to the primary Defendant except the instant real estate.

C. D, the ancillary Defendant’s creditor, filed an application for a compulsory auction (hereinafter “instant auction”) on the instant real estate to Busan District Court E, and on May 12, 2016, upon receiving a decision to commence compulsory auction with such content from the said court, the auction procedure commenced.

2. The assertion and judgment

A. The main point of the parties' assertion (1) against the plaintiff (the main defendant) is to terminate the lease contract of this case. Thus, the main defendant is to return the lease deposit amount of five million won to the plaintiff.

(B) If a lessor’s status under the instant lease agreement was succeeded to the conjunctive Defendant through the instant donation agreement, the conjunctive Defendant is only five million won of the lease deposit to the Plaintiff.