1. The plaintiff

A. Defendant B’s KRW 100,000,000 and interest rate of KRW 15% per annum from May 2, 2018 to the date of full payment.

Basic Facts

The F Building G (hereinafter “instant housing”) was owned by H. H. On April 29, 2007, H died, and the heir was a spouse E and the Defendant, a child, as the heir.

On September 24, 2009, the Plaintiff entered into a lease agreement with Defendant B with a deposit of KRW 85,000,000 for the instant housing and the period from October 7, 2009 to October 6, 201 (hereinafter “the first lease agreement”) and paid the said lease deposit around that time.

Defendant B entered into the above contract as a representative of H, and at the time H had already died.

On April 1, 2011, the Plaintiff entered into a lease agreement with Defendant B, stating that the period extended by October 6, 2012 and the deposit shall be increased to KRW 100,000,000.

(hereinafter referred to as “the second lease contract of this case.” The second lease contract of this case was written by Defendant B and E as lessor, and the power of attorney in the name of E and the certificate of personal seal impression issued on April 12, 201 were attached.

15,000,000 increased lease deposit was paid to Defendant B around that time.

E died on May 23, 2011, and as the inheritor, the Defendants were children.

On August 26, 2011, the Plaintiff entered into a sales contract of KRW 133,00,000 for the instant housing (hereinafter “instant sales contract”) with Defendant B, and paid KRW 8,00,000 as part of the sales price.

【In the absence of dispute, there is no ground for recognition, Gap evidence Nos. 1, 2, 8, 14 through 20 (including each number; hereinafter the same shall apply), and the fact-finding with respect to the Idong community service center of this court, the defendant B, as the lessor of the first and second lease contract of this case, is obligated to refund the lease deposit amount of KRW 100,000,000 to the plaintiff, the lessee.

In addition, the above defendant is a co-owner who has one-third shares and has the other co-owners.