1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. Lease 1 between the plaintiff and the defendant 1) The husband C of the defendant and the defendant her husband C is a building located in the Geum-gu Busan Metropolitan Government (hereinafter "the building of this case").

(2) The Plaintiff is a co-owner of the instant building. (2) From around 2011 to around 201, the Plaintiff, as a lessee, operated the first floor of the instant building with the name of “E” in the name of “E” by leasing the lease deposit amount of KRW 20 million from the Defendant and C, and prepared a lease agreement with the Plaintiff on April 8, 2015, by changing the lessee’s name to the Plaintiff, and making the lease agreement from April 8, 2015 to “24 months from April 8, 2015.”

(hereinafter “instant lease agreement”). B.

The Plaintiff and the Defendant, on August 31, 2015, concluded a false real estate lease agreement with the lessor, C, lessee, F (Plaintiff’s wife), deposit amount of KRW 25 million, contract term of KRW 24 months, and August 21, 2015 as of August 21, 2015, and was transferred KRW 17 million to the Defendant’s new credit cooperative account under the name of the Defendant’s name as of August 31, 2015 (i.e., KRW 10 million among the above money (i., KRW 8,00,000,000, KRW 200,000,000, KRW 200,000,000) to the Plaintiff’s new credit deposit account under the name of the Plaintiff’s new lessee on August 31, 2015; and (ii) transferred the money to the Plaintiff’s account under the name of the Plaintiff’s new lessee on September 21, 2015.

On January 1, 2016, the Plaintiff remitted KRW 7 million out of the above money to the Defendant.

On the other hand, on December 31, 2015, the Plaintiff claims to return the lease deposit related to the instant lease agreement to Busan National Credit Union for the purpose of securing the above loan.