1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 29, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with a limited liability company of the agricultural company, which is located in the Chungcheong City C (hereinafter “JA”) on the deposit amounting to KRW 60 million, and the lease period from January 29, 201 to 12 months (hereinafter “instant lease agreement”). At the time of the Plaintiff, the Plaintiff agreed to substitute for the payment of lease deposit amounting to KRW 60,000,000,000,000,000, which was owned by the middle-standing PPA.

B. On July 16, 2012, C was divided into E or F, and the site on which the instant housing was located was divided into “Y in Chungcheongnam-si,” and thereafter, the road name address was implemented, which changed to “H in Chungcheong-si,” upon the implementation of the road name address.

C. On April 12, 2012, the Plaintiff made a move-in report to Chungcheong City C (H in Chungcheongnam-si). On August 8, 2012, the Plaintiff made a move-in report with I Apartment-gu 801 Dong 401, Sungnam-gu, Sungnam-gu, and again made a move-in report to H on the 24th of the same month.

On December 29, 2014, the Defendant (Withdrawal) purchased the instant house from Jungwon, and completed the registration of ownership transfer under the name of the Defendant on February 6, 2015. On December 30, 2015, the Defendant sold the instant house to the Defendant Intervenor on December 30, 2015, and on January 21, 2016, the registration of ownership transfer under the name of the Intervenor acquiring the instant house was completed.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 or 7, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. The summary of the parties’ assertion 1) The Plaintiff already acquired the status of the lessee with opposing power under the Housing Lease Protection Act before the Defendant (Withdrawal) and the Defendant’s Intervenor acquiring the ownership of the instant housing before acquiring the ownership of the instant housing. Therefore, the Defendant Intervenor, the transferee of the instant housing, is obligated to return the lease deposit to the Plaintiff at the same time as the transfer of the instant housing from the Plaintiff.