A. On January 20, 2011, the Plaintiff leased a residential building owned by the Defendant (No. 102 of the 1st floor in Bupyeong-gu, Young-gu, Seoul; hereinafter “instant housing”) from the Defendant, and paid the full amount of KRW 85,00,000 to the Defendant by February 20, 2011.

B. The instant house was commenced on or around August 2013, and the Plaintiff purchased the instant house at KRW 112,009,000 from December 2, 2013 in the said public sale procedure, and paid the price in full and acquired ownership on December 26, 2013.

C. On January 24, 2014, the Plaintiff was allocated KRW 60,933,230 with respect to the claim to refund the deposit for rent during the distribution procedure for the said public auction proceeds.

[Ground of recognition] Facts without dispute, Gap 1-5 evidence (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease between the Plaintiff and the Defendant was terminated by public auction, and since the Plaintiff failed to recover part of the lease deposit, the Defendant shall pay the Plaintiff the remainder of the lease deposit (=85,000,000,000-60,933,230).

In addition, since the Plaintiff occupied and used the instant house as the owner from December 26, 2013, the relationship between the Plaintiff and the Defendant’s possession and use of the instant house based on the lease was terminated as of December 26, 2013.

Therefore, the defendant is obligated to pay 24,066,70 won and damages for delay calculated by the rate of 5% per annum as stipulated by the Civil Act from December 27, 2013 to January 18, 2016, which is the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. The Defendant, even if the Plaintiff promised to purchase the instant house prior to the sale of the public auction, has set the opportunity for the Defendant to stop the progress of the public auction, as well as the Plaintiff’s purchase of the instant house at the low price due to the public auction, to settle the claim for the return of the deposit for lease against the Defendant with the full repayment.