1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On May 27, 2012, the Defendant concluded a lease agreement between the Plaintiff’s representative and the E to lease a detached house located in the Fund located in Namyang-si, Namyang-si, the Plaintiff owned (hereinafter “instant house”) with a deposit amount of KRW 50 million from June 2, 2012 to June 1, 2014 (hereinafter “instant lease agreement”), and paid the full amount of the deposit.

B. On June 11, 2014, the foregoing lease term expired, the Defendant filed a payment order with the Plaintiff, claiming the return of the lease deposit, and issued a payment order on June 12, 2014, stating that “the Plaintiff would pay KRW 50 million to the Defendant and delay damages” on June 12, 2014, and the above payment order became final and conclusive on July 4, 2014.

(Court of Suyang District Court 2014No. 2011).

On the other hand, G completed the registration of transfer of ownership on August 20, 2014 on the instant housing due to sale on August 5, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-6, and 8 evidence, part of witness E of the court of first instance, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that a lessor, other than the Plaintiff, is E, and that E does not have to obtain the power of representation regarding a lease agreement from the Plaintiff at the time of entering into the said lease agreement.

Even if the instant lease contract was lawfully concluded, G transferred the ownership of the instant house succeeded to the lessor status of the instant lease agreement. The Defendant did not have any obligation to return the lease deposit by mutual consent to receive the lease deposit only from G. Therefore, compulsory execution based on the original copy of the instant payment order should be dismissed.

B. Determination 1 of the instant lease agreement constitutes a matter of interpretation of the intent of the party involved in the instant contract, who is the party to the instant lease agreement, generally determined as to the assertion that the lessor is E.

(b) an expression of intent.