1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

1. Basic facts

A. On June 4, 1995, the Plaintiff entered into a lease agreement with C to lease the instant building with a lease deposit of KRW 5,000,000 without rent, and the lease term of KRW 24 months from June 4, 1995 to June 4, 1997 (hereinafter “instant lease agreement”).

B. On June 4, 1995, the Plaintiff paid C the above lease deposit amount of KRW 5,000,000,000, and occupied the building of this case.

On September 6, 1995, the Plaintiff filed a move-in report with respect to the instant building to another address on April 22, 2004, and again filed a move-in report to the instant building on October 23, 2006.

C. The defendant purchased the building of this case from C on March 28, 2003, and completed the registration of ownership transfer on April 2, 2003.

On April 10, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of defects, such as drinking water, etc. in the ceiling of the instant building, and demanded the return of the lease deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. We examine both the principal lawsuit and the judgment and the counterclaim.

A. 1) The Plaintiff’s assertion 1) Inasmuch as the Plaintiff’s assertion has opposing power under the Housing Lease Protection Act, the Defendant succeeded to the lessor’s status of the instant lease agreement. Since the instant lease agreement terminated on July 10, 2015, around three months from the termination notification, the Defendant is obligated to pay the Plaintiff KRW 5,000,000 to the Plaintiff at the same time as the Plaintiff’s delivery of the instant building. 2) The Defendant’s assertion that the Plaintiff returned KRW 5,000,000 to the Plaintiff around March 28, 2003, and the Defendant leased the instant building to the Plaintiff KRW 10,000,000 without the lease deposit.

However, since the defendant paid twice a monthly rent, he/she is residing in the building of this case without paying a monthly rent until now.