1. On August 12, 2016, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the Government Registry of the District Court.

1. Basic facts

A. On August 12, 2016, the Defendant completed the registration of the creation of a housing lease on August 12, 2016, under the receipt of No. 73190 by the Government Branch of the District Court’s Office of District Court on the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. A lease based on the registration of creation of the above housing lease is a lease contract concluded by the Defendant with one of the co-owners of the instant real estate, which is concluded by the Defendant with one of the co-owners of the instant real estate, with the lease deposit of KRW 70 million, the lease deposit of KRW 50 million, the lease date of August 5, 2013, the resident registration date of January 23, 2014, the occupancy commencement date of August 5, 2013, and the fixed date of January 23, 2014.

(No. 2, hereinafter referred to as “instant lease contract”). C.

The Plaintiff purchased the instant real estate from C, etc. and acquired ownership on August 18, 2016.

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 2 and 3

2. Determination:

A. The summary of the Plaintiff’s assertion is a construction business operator who contracts part of D new construction works including the instant real estate from C, etc. for the purpose of establishing only the appearance of a housing lease for the purpose of securing the claim for construction cost, without any purpose of using and earning profit from the instant real estate for the real residence, and there is no fact that the Defendant actually occupied the instant building.

Therefore, the instant lease contract is null and void as a housing lease, and the registration for the establishment of a housing lease is also void. Therefore, the defendant is obligated to cancel the registration for the establishment of a housing lease to the plaintiff.

B. Inasmuch as the basic content of a contract for allowing a lessee to use and benefit from an object is that the lessee is the lessee (see Article 618 of the Civil Act), the obligee is entitled to acquire the opposing power under the Housing Lease Protection Act by lending the existing claim in the form of a housing lease contract to obtain preferential repayment by acquiring opposing power under the Housing Lease Protection Act, and having the existing claim as a security deposit for lease, and having the opposing power as a housing lease by completing the delivery