1. The Defendant (Counterclaim Plaintiff) receives KRW 190,000,000 from the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On June 14, 2017, the Plaintiff completed the registration of ownership transfer for reasons of sale in the auction procedure (this court C) on the instant loan.

B. The defendant resided in the loan of this case and occupies it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the principal lawsuit and the counterclaim claim

A. Considering the parties’ assertion and key issues (i.e., the defendant has no legitimate right to possess the loan of this case or is the most lessee, and thus the defendant is obligated to deliver the loan of this case to the plaintiff and return unjust enrichment by the date of delivery. On the other hand, the plaintiff is not obligated to return the lease deposit to the defendant.

㈎ 임대차계약, 전입신고, 확정일자 ① 통상 잔금지급기일에 전입신고와 확정일자를 함에도 피고는 임대차계약일에 전입신고와 확정일자를 마쳤다.

(2) Even though the move-in report is possible at the community service center, the defendant shall make a move-in report at the community service center and obtain a fixed date from the registry office.

(3) It is an example to have a licensed real estate agent attend and prepare a re-contract.

④ The Defendant’s family members were not the move-in report, and the move-in report for the Defendant was not less than four years.

㈏ 보증금 ① 보증금 중 계약금과 일부 잔금을 계약에 정한 지급일보다 먼저 지급하였다.

2. The D’s account that was received as a security deposit is newly opened, and when the security deposit was deposited into the above account, all of the closing parties were withdrawn.

③ lack of evidence that the lease deposit of this case was actually paid to D.

㈐ 경매절차 ① 위 경매절차의 임차인통지서 등 서류가 피고에게 송달되지 않았고, 부동산현황조사시 피고의 점유를 확인하지 못한 사정에 비추어 피고가 경매절차 중에 이 사건 빌라에 거주하였다고 보기 어렵다.

(2) The defendant