The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) received KRW 140,000,000 from the Plaintiff (Counterclaim Defendant) and simultaneously received it from the Plaintiff (Counterclaim Defendant).

1. Facts of recognition;

A. At the time of April 20, 2017, the Defendant leased the instant real estate by setting the lease deposit of KRW 140,000,000, the lease deposit of KRW 140,000 from May 29, 2017 to May 28, 2019 (hereinafter “instant lease contract”), and completed the move-in report with the said real estate on May 29, 2017, and obtained a fixed date in the same lease agreement.

B. On June 22, 2017, the registration of ownership transfer was completed under D’s name based on sale as of November 4, 2016. The Plaintiff purchased the instant real estate through a public sale procedure on July 4, 2019 and completed the registration of ownership transfer based on the said public sale on July 5, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is merely the most lessee and thus has no right to possess the instant real estate, and thus is obligated to deliver the instant real estate to the Plaintiff.

B. The Defendant entered into a lease agreement with C and D, which is the former owner of the instant real estate, and paid KRW 140,000,000 as lease deposit. The Plaintiff succeeded to the status of the lessor by purchasing the instant real estate.

On the other hand, on March 3, 2020, the Defendant sent to the Plaintiff a content-certified mail stating that the lease contract is terminated, and the above content-certified mail was served to the Plaintiff on March 6, 2020.

Therefore, since the lease contract of this case was terminated on June 6, 2020 after three months from the date on which the declaration of termination was served on the Plaintiff, the Plaintiff is obliged to pay KRW 140,000,000 to the Defendant at the same time as the delivery of the building of this case from the Defendant.

3. Determination

A. The evidence submitted by the Plaintiff as to whether the Defendant is the most lessee is a lease agreement between the Defendant and C based on false representation, and the Defendant is the most lessee.