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. On December 13, 2014, the Plaintiff entered into a lease agreement between E and E, the Defendant’s representative, which stipulated the lease deposit amount of KRW 31 million (hereinafter “the instant lease deposit”) with respect to the building C and D (hereinafter “leased-gu”) owned by the Defendant and the lease term from December 20, 2014 to December 19, 2016 (hereinafter “instant lease agreement”).

B. The Plaintiff deposited KRW 300,000,000 on the date of the contract, KRW 100,000,000 on December 15, 2014, and KRW 31 million on December 19, 2014, respectively, on the E’s M cooperative account (N) marked as the Defendant’s representative under the above lease agreement under paragraph (3) of the terms of the instant lease agreement, and received delivery of the instant leased building around that time.

C. On November 15, 2016, no later than one month prior to the expiration of the lease term under the instant lease agreement, the Plaintiff sent text messages to the above E’s mobile phone with no intent to renew the instant lease. D.

The Plaintiff delivered the instant leased building to the Defendant on April 18, 2017, after the lease term expires under the instant lease agreement.

[Grounds for recognition] Class A, Nos. 1, 2, 3, 8, 11 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion 1) concluded the instant lease agreement with E, the Defendant’s representative, and paid the lease deposit. Since the said lease agreement was terminated upon expiration of the period of termination, the Defendant is obliged to return the lease deposit to the Plaintiff. 2) The Defendant’s assertion that the Plaintiff concluded the instant lease agreement is not a legitimate representative of the Defendant, but there was no resolution by the Defendant regarding the instant lease agreement. Therefore, the instant lease agreement is null and void.

Therefore, the plaintiff cannot respond to the request.

B. Determination 1 of the instant lease agreement