1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Judgment on the plaintiff's assertion

A. On November 10, 2006, the Plaintiff’s assertion entered into a lease agreement with C on the second floor of the D-ground building in Chungcheongju-si (hereinafter “instant building”) and paid KRW 50 million to C in cash on the same day.

However, at the time of the conclusion of the above lease agreement, C did not perform the agreement to complete the registration of the establishment of a right to lease on a deposit basis with the Plaintiff. Accordingly, on July 2007, C terminated the above lease agreement and delivered the instant building.

However, as C died on December 4, 2010 and succeeded to C’s property by the Defendant (Appointed Party) and the designated parties, Defendant (Appointed Party) and the designated parties are liable to pay to each Plaintiff the above lease deposit amount of KRW 50 million and damages for delay.

B. In full view of the purport of the argument in Gap evidence No. 1, the court below acknowledged the fact that Eul and the plaintiff agreed to lease the building of this case to the plaintiff on November 10, 2006 with the lease deposit of KRW 50 million and the lease deposit of KRW 50 million on the day of the contract (hereinafter "the lease contract of this case"), but the above lease deposit of KRW 50 million can be acknowledged as having been made up on the date of the contract. However, Gap evidence No. 2, 6, Eul evidence No. 9-1, 2, Gap evidence No. 9-1, 4-1, 2-1, and Eul evidence No. 4-1, 2-1, and testimony of the witness E of the first instance trial, the following facts can be acknowledged as having been comprehensively taken into account, i.e., the plaintiff failed to submit receipts verifying that the above lease deposit was paid, and the plaintiff did not receive the down payment and the remainder of the lease deposit.