1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 28, 2012, the Plaintiff concluded a lease agreement with regard to B and Busan Jung-gu C702 (hereinafter “instant building”), setting the lease deposit of KRW 55 million and the lease term from April 28, 2012 to April 27, 2013.

On April 20, 2012, the Plaintiff paid KRW 5.5 million to B, and KRW 49.5 million on April 27, 2012, respectively.

B. B transferred each of the instant buildings to D on May 15, 2012, D to E on March 28, 2014, E to F on August 27, 2014, and F to the Defendant on April 20, 2015.

C. On June 2, 2015, the Plaintiff terminated the lease contract on the grounds of the expiration of the lease term and demanded the Defendant to return the lease deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4 (including provisional number), purport of whole pleadings

2. The plaintiff asserted that the defendant succeeded to the status of a lessor under a lease agreement between the plaintiff and B by acquiring the building of this case in succession, and that the plaintiff is obligated to return the lease deposit to the plaintiff as the lessee.

3. According to the provisions of Article 3(1) and (2) of the Housing Lease Protection Act, a lessee of a house has opposing power against a third party by moving into a building and making a resident registration, and in the event a leased building is transferred after having the opposing power, a transferee shall be deemed to have succeeded to the status of a lessor. In this case, the obligation to return a deposit for lease is transferred to a transferee who succeeds to the status of a lessor and the transferor's obligation is extinguished. However, in the case of a lease of a house to a juristic person, the juristic person cannot satisfy the requirements for counterclaim under Article 3(1) of the Housing Lease Protection Act. Thus, even if a lessor transfers the above house, the transferee does not naturally succeed to the status of a lessor under the Housing Lease Protection Act, and therefore, the parties to a contract to exempt a lessor