1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant, around 2009, leased a lease deposit of KRW 25 million, monthly rent of KRW 400,000, and a two-year lease contract period from May 24, 2009 (hereinafter “instant lease contract”) with respect to the first floor of the building 69.4 square meters on the 1st floor of Asan-si D-si, Asan-si (hereinafter “instant lease contract”).

B. 1) Upon the commencement of the voluntary auction procedure on or around February 2017 with respect to the building owned by C and the building D, 626.7 square meters of E large scale 61 square meters, the Defendant filed a report on the right to claim total rent of KRW 25 million with the competent auction court on or around April 21, 2017, and filed an application for a demand for distribution. 2) On September 28, 2017, the Plaintiff sent a text message to the Defendant that “The Plaintiff wishes to receive partial return of the leased deposit because the Defendant’s dividends may be excluded.” On October 20, 2017, the Plaintiff filed an application for the exclusion of distribution with the Defendant on or around October 20, 2017, on the grounds that the Defendant failed to pay KRW 4 million from the conclusion of the lease contract to the present date, and the Defendant cannot be subject to the Defendant’s request for the exclusion of distribution on the total amount of the leased deposit.

Some of them sent text messages to the effect that if you want to receive the lease deposit, you would contact.

C. Upon the Plaintiff’s request, the Defendant: (a) on December 8, 2017, issued a cash custody certificate with the following contents to the Plaintiff; and (b) on December 8, 2017, “the cash custody certificate of

(1) On the same day, the Plaintiff submitted a written application for the withdrawal of dividends to the said auction court under C’s name. In relation to F of the Cash Storage Certificate, the lessee is entitled to the amount calculated by subtracting KRW 25,000,000 from the total rent of KRW 25,000 when the lessee receives dividends. The said amount is kept by the Defendant of the trustee (depositor) and the said amount is returned to the truster (a creditor) by December 28, 2017.