A. On September 14, 2017, the Defendants leased the real estate stated in paragraph (1) of this Article (hereinafter “instant apartment”) to the Plaintiff.

The Plaintiff and the Defendants agreed from November 7, 2017 to February 6, 2020 that the deposit amount is KRW 110 million, and the term of the lease was from November 7, 2017 to February 6, 2020, and the agreement on rent was not made.

The Plaintiff paid 110,000,000 won to the Defendants around that time.

B. On March 19, 2019, the Defendants sold the instant apartment to G Co., Ltd. (hereinafter “Nonindicted Company”) and completed the registration of ownership transfer with respect to the instant apartment on March 20, 2019.

C. On April 16, 2019, the Plaintiff filed the instant lawsuit against the Defendants by asserting that the lease agreement concluded with the Defendants on the instant apartment (hereinafter “instant lease agreement”) was terminated, and the duplicate of the complaint stating the Plaintiff’s declaration of termination of the contract was served to the Defendants by May 20, 2019.

[Grounds for recognition] Each entry in Gap evidence 123 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Although the transfer of the lessor’s status in a lease agreement is accompanied by the transfer of the lessor’s duty, the lessor’s duty does not vary depending on whom the lessor is a person, and the lessor’s duty may be performed almost entirely in the position of the owner of the object. From the lessee’s standpoint, recognizing the succession of the duty may be much more favorable to the lessee. Thus, only by a contract with the lessor and the new owner may be transferred.

However, in this case, the lessee has raised an objection immediately in accordance with the principle of fairness and good faith that the lessee may not force the lessee to succeed to the lease, and that the lessee may terminate the lease by himself/herself.