1. The defendant shall deliver the building indicated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 45 million to the plaintiff.

1. Facts of recognition;

A. On December 24, 2013, the Plaintiff entered into a lease agreement with C on the attached list owned by C (hereinafter “instant lease agreement”) with a lease deposit amounting to KRW 40 million from December 31, 2013 to December 30, 2014, and paid KRW 40 million to C as deposit money.

B. After receiving the delivery of the instant building from C, the Plaintiff completed the move-in report on January 3, 2014, and continued to occupy the instant building until now.

C. C. On September 15, 2014, on the instant building, on September 15, 2014, completed the registration of ownership transfer under the name of the Defendant on the grounds of sale as of September 12, 2014.

On October 1, 2014, the Plaintiff agreed with the Defendant to change the lease term of the instant lease to KRW 50 million until September 30, 2016 (hereinafter “instant agreement”), and paid KRW 5 million, which is a part of the deposit to the Defendant, to increase the lease deposit (hereinafter “instant agreement”).

However, on October 9, 2014, the plaintiff and the defendant agreed to invalidate the agreement in this case, delivered to D a contract, etc. including the contents of the agreement in this case, and they teared the contract, etc. delivered D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the agreement of this case was rescinded.

Therefore, the defendant is obligated to return five million won to the plaintiff.

B. Article 3(4) of the Housing Lease Protection Act provides that a transferee of a leased house whose delivery and resident registration have been completed shall be deemed to have succeeded to the status of a lessor. Since such provision shall be deemed to be a legal obligatory succession provision, if a leased house is transferred, the transferee shall be combined with the ownership of the house.