1. The plaintiff's claim is dismissed.

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

1. The gist of the Plaintiff’s assertion was as follows: (a) on October 31, 2012, the Plaintiff paid KRW 30 million, and KRW 20 million on November 19 of the same year to the Defendant on December 31 of the same year; (b) on January 31, 2013, the Plaintiff lent KRW 4 million to the Defendant with KRW 54 million (= KRW 30 million) around January 2013; and (c) completed the lease contract on the instant apartment with KRW 4 million ( KRW 30 million) as a deposit; and (d) on January 2013, the Defendant is obligated to refund KRW 40 million, which was unpaid to the Plaintiff as a lessor of the instant apartment.

Even if the defendant is not a lessor of the apartment of this case, since the defendant agreed to return the lease deposit of the apartment of this case to the plaintiff, the defendant is obligated to return the above KRW 40 million to the plaintiff.

2. According to the overall purport of each statement and pleading of Gap evidence Nos. 1 through 4 (including the number of branch numbers), the plaintiff transferred each of the following amounts to the defendant's post office account, KRW 30 million on October 31, 2012, KRW 20 million on November 19, 2012, KRW 4 million on December 31, 2012, KRW 54 million between the defendant and the defendant, KRW 54 million on the rental period, KRW 2 years from the date of pre-sale, the landlord as "C", and the plaintiff as the plaintiff on the apartment of this case, and KRW 30 million on November 12, 2010 on the apartment of this case, which had been completed the registration of ownership transfer on September 208, 201.

However, according to the overall purport of evidence Nos. 1 and 3, the lessor of this case was not the defendant but C, and the defendant prepared a lease contract on various real estate including the apartment of this case, which was owned by C on behalf of C with the delegation from C, and the lessor under each contract.