1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall attached to the defendant (Counterclaim plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Fact-finding;

A. On August 9, 2016, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from D, with the lease deposit of KRW 26 million, and the lease term of KRW 9 million from August 9, 2016 to August 8, 2018.

After the expiration of the above lease period, the Plaintiff was unclaimed without directly residing in the instant real estate delivered by D, and had E file a move-in report on December 21, 2016, and had E reside in the said real estate.

Since then, the Plaintiff completed a move-in report on August 17, 2017, and is residing in the instant real estate from that time.

B. The Defendant purchased the instant real estate from D on January 13, 2017, and completed the registration of transfer of ownership on January 20, 2017, which was received on January 20, 2017 by the Incheon District Court’s registration office.

C. On August 21, 2018, the Plaintiff: (a) received the order of lease registration (the date of the decision of correction as of August 29, 2018) from the Incheon District Court (the date of the decision of correction) No. 2018Kao308; and (b) completed the registration of the right to lease on September 5, 2018 (hereinafter “the registration of the right to lease of this case”); (c) stated that the instant registration of the right to lease of this case is “26 million won; (d) August 9, 2016; (e) the date of lease; (e) August 17, 2017; (e) the date of resident registration; (g) August 9, 2016; and (g) the fixed date of occupancy on April 17, 2017.”

Meanwhile, the monthly rent equivalent to KRW 387,000 per month from January 13, 2017 to May 30, 2019, when there is no deposit for the instant real estate.

[Ground of recognition] A without any dispute, Gap evidence 1 through 6, Eul evidence 1 through 5, 8, and 12, appraiser F's appraisal result, the purport of whole pleadings

2. The plaintiff's main claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff is a lessee with opposing power under the Housing Lease Protection Act and completed the instant lease registration. Therefore, the Defendant, the transferee of the instant real estate, is only 26 million won as the lease deposit under the instant lease agreement.