1. The defendant acceptance intervenor pays KRW 38,000,000 to the plaintiff.

2. The plaintiff's claim against the defendant.

1. On April 16, 2013, the Plaintiff: (a) leased the instant officetel No. 403 (hereinafter “the instant officetel”) of the fourth floor, Seo-gu, Seoan-gu, Seocheon-gu, the Defendant owned from the Defendant (hereinafter “instant officetel”); (b) from April 20, 2013 to April 19, 2015, the term of lease was set as KRW 40 million; (c) the Plaintiff leased the instant officetel.

(hereinafter referred to as “the instant lease”). Around April 16, 2013, the Plaintiff paid to the Defendant a deposit of KRW 40 million for the instant lease, and around that time, he/she received the instant officetel and completed resident registration.

On April 28, 2015, the Plaintiff received a refund of KRW 2 million from the Defendant, but the remainder of KRW 38 million ( KRW 40 million-2 million) was not returned until the date of the closing of argument in this case.

On August 19, 2015, the Defendant sold the instant officetel to the Intervenor acquiring the Defendant, and completed the registration of ownership transfer on August 24, 2015.

Therefore, the defendant takeover intervenor succeeded to the status of a lessor of the lease of this case pursuant to Article 3 (4) of the Housing Lease Protection Act, and accordingly he also acquired the obligation to return the lease deposit of this case.

The Plaintiff seeks the return of the lease deposit remaining after the Defendant, the lessor, and the Intervenor succeeding to the status of the lessor.

2. For the intervenor taking over the defendant: Judgment made by deeming confession (Article 208 (3) 2 of the Civil Procedure Act).

3. Where a rental house which has an opposing power under the Housing Lease Protection Act is transferred to the defendant, the transferee succeeds to all the rights and obligations under the lease contract of the lessor in combination with the ownership of the house, and as a result, the transferee is exempted from the obligation to return the lease deposit, and the transferor is exempted from the obligation to return the lease deposit to the lessee by withdrawing from the lease relationship (see, e.g., Supreme Court en banc Decision 2011Da49523, Jan. 17, 2013): Provided, That the lessee wishes to succeed to the status of the lessor.