The defendant shall pay 145,00,000 won to the plaintiff and 5% per annum from April 26, 2020 to May 6, 2020 and from the next day.

1. Facts of recognition;

A. On January 15, 2018, the Plaintiff entered into an unregistered pre-sale agreement (hereinafter “instant agreement”) with D on a deposit basis for lease on a deposit basis with D, KRW 145,00,000, and the period from February 3, 2018 to February 3, 2020.

B. Around that time, the Plaintiff paid the deposit for lease on a deposit basis under the instant contract to D, completed the move-in report with the instant real estate on January 24, 2018, and was handed over from D on February 3, 2018, and occupied the instant real estate since that time.

C. Around July 1, 2017, the Defendant purchased the instant real estate owned by D, E, and E as one-half shares, and completed the registration of ownership transfer on the instant real estate on February 5, 2018.

The Plaintiff expressed his/her intent not to renew the instant contract to each Defendant on July 4, 2019 and December 5, 2019, one month before the expiration date of the instant contract.

E. On April 2, 2020, the Plaintiff moved to the instant real estate on April 2, 2020, and on April 25, 2020, returned the electronic key of the instant real estate to the Defendant, and transferred the present official password.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination

A. According to Article 12 of the Housing Lease Protection Act, the Housing Lease Protection Act applies mutatis mutandis to unregistered lease agreements, and according to the above facts, the Plaintiff completed a move-in report with the instant real estate on January 24, 2018, and occupied the instant real estate from February 3, 2018, it is deemed that the Plaintiff acquired opposing power under Article 3(1) of the Housing Lease Protection Act on February 4, 2018, which is the date following the start date of occupation.

On the other hand, the Defendant purchased the instant real estate from D and E, the former owner of the instant real estate, and on February 5, 2018, following the date of acquisition of the Plaintiff’s above opposing power.