The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Plaintiff’s assertion

The Plaintiff did not lease the apartment E (hereinafter “instant apartment”) owned by the Defendant, or did not receive the lease deposit from the Defendant, from the Defendant, from the Gyeong-gun apartment E (hereinafter “instant apartment”).

In addition, 18,00,000 won of the lease deposit of one defendant was already constituted conciliation in other civil cases between F and G and H (SJ branch court of Busan District Court 2015 group 208629) to be paid by F to the defendant.

Therefore, it is unreasonable for the Plaintiff to pay KRW 18,00,00 to the lessee of the instant apartment in the auction procedure for the instant apartment even though the Plaintiff did not have the obligation to return the lease deposit to the Defendant.

2. Determination of Article 3-22(2) of the Housing Lease Protection Act: (a) a lessee, who meets the requirements for setting up against Article 3(1) of the same Act (the delivery and resident registration of a house) and the confirmation date specified in a lease agreement, has the right to receive the deposit from the proceeds of realizing the leased house through an auction in preference to the priority holder

set forth.

Meanwhile, the lease to which the Housing Lease Protection Act applies cannot be deemed to be limited to the case where a lease contract is concluded between a lessee and a lessor who is the owner of a house, and also includes the case where a lease contract is concluded with a lessor who is not an owner of a house, but has the authority to lawfully conclude a lease contract with respect to a house. The buyer who is delivered the object to the buyer upon the fulfillment of a sale contract may lawfully lease the object to another person in a position that he/she is able to use and benefit from the object (see Supreme Court Decision 2007Da38908, 38915, Apr. 10, 2008). Comprehensively taking into account the respective descriptions and changes in evidence No. 3, No. 1, 4, and 5 (including each number) of evidence No. 3, No. 1, 4, and 5 (including each number). The sales contract of this case is concluded from G, the owner of the apartment of this case on Jan. 7, 2008.