1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 17, 2015, the Defendant leased 110,000,000, and the period from May 26, 2015 to May 26, 2017, the Plaintiff entered into a lease agreement with the Plaintiff and the Defendant as a joint lessee (hereinafter “instant lease agreement”) upon the Plaintiff’s mother’s request by designating the lease deposit of KRW 110,00,000,00, and the period from May 26, 2015 to May 26, 2017.

B. The Defendant prepared and paid 110,000,000 won for the above lease deposit to C, and around May 27, 2015, occupied the instant house together with E.

After that, E removed from the instant house on September 2016.

C. On April 24, 2017, the Defendant purchased the instant house from C in the transaction price of KRW 110,000,000, and completed the registration of ownership transfer on April 26, 2017.

[Ground of recognition] Each entry in Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including paper numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. At the time of entering into the instant lease agreement, the Defendant: (a) donated the Plaintiff the amount of KRW 110,000,000 to KRW 55,00,000, or the right equivalent to KRW 1/2 of the lease deposit.

Therefore, the Plaintiff has the right to receive a refund of KRW 55,00,000 from the lessor C. Since the Defendant succeeded to the lessor’s status while acquiring the ownership of the instant house from the lessor C, the Defendant is obligated to pay KRW 55,00,000 and delay damages to the Plaintiff.

B. The judgment of the court below is insufficient to recognize that the Defendant donated the amount of KRW 15,00,000 to the Plaintiff or the right of KRW 110,000,000 to the Plaintiff on the sole basis of the circumstance that the Defendant, at the Plaintiff’s request, leased the instant housing that the Defendant would live together with E, who is his/her father, and entered into a lease agreement with the Plaintiff as a joint lessee. There is no evidence to acknowledge otherwise.

Therefore, the plaintiff 5.5.