1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 20, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 70,000,000, and the lease term from September 4, 2015 to September 3, 2018 (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, the Plaintiff paid KRW 70,000,000 to the Defendant for lease deposit, and completed the moving-in report to the domicile of the instant house on September 7, 2015, after receiving the instant house from the Defendant, and subsequently residing in the instant house.

C. On January 3, 2018, the Defendant sold the instant house to E Co., Ltd. (hereinafter “Nonindicted Company”).

On January 9, 2018, Nonparty Company completed the registration of ownership transfer with respect to the instant housing according to the sales contract with Defendant.

【Ground of recognition】 Evidence Nos. 1, 2, Eul Nos. 1 through 4, 10, and the purport of the whole pleadings

2. The assertion and judgment

A. Since the period of the instant lease agreement expired on September 3, 2018, the Plaintiff’s assertion that the lease agreement of this case expired, the Defendant, a lessor, is obligated to refund KRW 70,000,000 to the Plaintiff.

B. According to the provisions of Article 3(1) and (2) of the Housing Lease Protection Act, when a lessee of a house moves into a building and makes a resident registration, he/she has opposing power against a third party, and when a leased building is transferred after meeting opposing power, the transferee is deemed to have succeeded to the status of the lessor.

If the ownership of the leased real estate is transferred after having opposing power under the Housing Lease Protection Act and the transferee succeeds to the status of the lessor, the obligation to return the lease deposit also is transferred in combination with the ownership of the real estate and the obligation to return the deposit of the transferor is extinguished accordingly.

(see, e.g., Supreme Court Decision 86Meu114, Mar. 10, 1987). The Plaintiff is the Plaintiff.