1. The defendant shall pay 40,000,000 won to the plaintiff simultaneously with the delivery of real estate stated in the separate sheet from the plaintiff.

1. Determination as to the cause of claim

A. 1) On November 19, 2016, the Plaintiff is a house indicated in the attached Form D (hereinafter referred to as “instant house”) between D and D on behalf of the Defendant.

(1) The term of lease deposit KRW 40 million, KRW 100,000 per month, KRW 100,00 per month, and the term of lease from November 19, 2016 to KRW 24 months (til November 18, 2018) is stipulated and leased (hereinafter “instant lease agreement”).

(2) On October 19, 2018, the Plaintiff concluded a lease deposit and paid KRW 40,000 to the Defendant, and completed the resident registration and received the instant house. (2) The Plaintiff notified the Defendant that the instant lease will not be renewed on October 19, 2018, and the Defendant stated that the Plaintiff would return the lease deposit to the Plaintiff even if having received the loan after November 18, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

B. According to the above findings, the instant lease agreement was terminated upon the expiration of the period of validity or terminated after November 18, 2018.

Therefore, the defendant is obliged to pay 40,000,000 won to the plaintiff simultaneously with the delivery of the house of this case from the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Defendant completed the registration of ownership transfer on September 6, 2019 with respect to the instant housing on the ground of sale and purchase on September 5, 2019. Accordingly, D succeeded to the lessor’s status under the Housing Lease Protection Act and acquired the obligation to return the instant lease deposit with exemption, so the Defendant became exempted from the obligation to return the lease deposit.

In addition, the market price of the housing of this case is 135,00,000 won, and the secured debt of the right to collateral security established on the housing is 67,50,000 won, so it is sufficient to liquidate the lease deposit of this case with the housing of this case.

Therefore, the plaintiff raises an objection between the defendant and D.