A. On November 19, 2016, the Plaintiff entered into a lease agreement with C with respect to Dobong-gu Seoul Metropolitan Government D and EF apartment G (hereinafter “instant apartment”) with the lease deposit amounting to KRW 460 million and the lease term from January 13, 2017 to January 12, 2019 (hereinafter “instant lease”).

B. By January 13, 2017, the Plaintiff paid to C a lease deposit of KRW 460 million, and received the instant apartment from C on January 13, 2017, and completed the resident registration of the instant apartment.

C. On October 5, 2018, C completed the registration of ownership transfer for the apartment of this case to the Defendant on the ground of sale as of August 21, 2018.

On February 14, 2019, after the expiration of the lease term of this case, the Plaintiff moved from the apartment of this case to H and I in Dobong-gu Seoul Metropolitan Government.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Plaintiff acquired opposing power as a lessee since it received the instant apartment pursuant to the instant lease agreement and completed the move-in report, and the Defendant, who acquired the instant apartment from C, succeeded to the lessor’s status of the instant lease agreement pursuant to Article 3(4) of the Housing Lease Protection Act.

In addition, since the lease contract of this case was terminated on January 12, 2019, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 5% per annum under the Civil Act from February 15, 2019, which is the day following the delivery of the apartment of this case, to July 17, 2019, which is reasonable for the Defendant to dispute on the existence and scope of the obligation to perform the lease of this case, and from the next day to the day of full payment, 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. Furthermore, the Plaintiff’s security deposit for the lease of this case.