1. The defendant shall deliver real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 130,000,000 won shall be applied to the plaintiff.

According to the evidence evidence Nos. 1 through 6 and 8, the Plaintiff leased on November 1, 2016, the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C from November 1, 2016 to November 29, 2018, the lease deposit amount of KRW 130,00,000, and the period of KRW 20, and the lease deposit of KRW 29,018. The Plaintiff paid the lease deposit to C by November 29, 2016 and completed the move-in report after moving-in around December 7, 2016. The Defendant acquired the instant real estate by public sale and completed the registration of ownership transfer on December 28, 2018.

According to Article 3 of the Housing Lease Protection Act, even in cases where no registration is made, when a lessee completes the delivery of a house and the resident registration, it shall be deemed that the resident registration has been made at the time of the moving-in report (paragraph (1)), and the transferee of the leased house shall be deemed to have succeeded to the status of the lessor (paragraph (3)). Therefore, the Defendant, the new owner of the instant real estate, who is the lessee, is the lessee with opposing power, is in the status of the lessor by moving-in a move-in report around December 7, 2016.

On the other hand, it is apparent that the lease contract was expired on November 29, 2018, the maturity of the above lease contract, and the lease contract was terminated at that time.

I would like to say.

Therefore, as requested by the Plaintiff, the Defendant is obliged to pay KRW 130,000,00 to the Plaintiff at the same time as the delivery of the instant real estate from the Plaintiff.

① It is reasonable to view the lease agreement between the Plaintiff and C as a lease agreement without a security deposit, on the grounds that the Plaintiff did not demand a distribution even without having obtained a fixed date and without having set up a right to lease on a deposit basis, and that C confirmed that there was no security deposit for lease between the Plaintiff and C.

(2) A person who has been awarded a successful bid in a public auction shall assert that he/she does not succeed to the lessor's status.