Costs of lawsuit shall be borne by the defendant.

Paragraph (1) may be provisionally executed.

A. On January 18, 2016, the Plaintiff entered into a lease agreement between C and C on the lease deposit amounting to KRW 180 million and the period from February 15, 2016 to February 15, 2018 (hereinafter “instant lease agreement”) with respect to the Dobong-gu Seoul Metropolitan Government D Building E (hereinafter “instant building”), and received the fixed date on the instant lease agreement after completing the move-in report on February 15, 2016.

B. C On March 31, 2016, on March 31, 2016, the registration of ownership transfer was completed by the Defendant on March 30, 2016.

C. The Defendant filed a lawsuit against C, etc. for the registration of cancellation of ownership under the Seoul Northern District Court Decision 2019Da136833, and filed a claim against C, etc. for “C,” stating that “The registration of transfer of ownership in the name of the Defendant was forged in a sales contract, etc., and was made with no intent capacity of the Plaintiff, and thus null and void.” On July 3, 2020, the above court rendered a judgment dismissing the Defendant’s claim against C, and the above judgment became final and conclusive around that time.

【Ground of recognition】 Evidence 1, Evidence 2-2, evidence 7-1 through 5, evidence 8, evidence 9-1, 2, and evidence 4, and the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. Article 3(4) of the Housing Lease Protection Act provides that “A transferee of a leased house (including any other person who succeeds to the right to lease) shall be deemed to succeed to the status of the lessor.” As a result, the transferee of the leased house shall be exempted from the obligation to return the lease deposit, and the transferor shall be exempted from the obligation to return the lease deposit to the lessee by withdrawing from the lease relationship, etc. < Amended by Act No. 15089, Dec. 27, 2018>