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1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 230,000,000 to the plaintiff.
Reasons
1. Basic facts
A. On January 2, 2014, the Plaintiff entered into a lease agreement with D, the son’s children, and real estate listed in the separate sheet owned by C (hereinafter “instant apartment”) with the term “20,000,000,000, monthly rent of KRW 330,000, and the period from January 19, 2014 to January 18, 2016.”
The Plaintiff received the instant apartment from the lessor on January 27, 2014, and completed the move-in report on the same day, and continued to use it from that time.
B. On September 22, 2015, the Plaintiff entered into a modified contract (hereinafter “instant lease agreement”) with D, which extends the deposit to KRW 230,00,000 for the said lease agreement, but does not pay monthly rent, and the period from September 22, 2015 to September 22, 2017 (hereinafter “instant lease agreement”).
C. On December 30, 2015, the Defendant purchased the instant apartment from C, and completed the registration of ownership transfer in the name of the Defendant on February 23, 2016.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3 (including branch numbers), the purport of the whole pleadings
2. In light of the judgment, the Plaintiff is a lessee who meets the requirements for setting up against the Plaintiff under the Housing Lease Protection Act, and the Defendant is a transferee who purchased the instant apartment during the period of existence of the instant lease agreement, and succeeded to all the rights and obligations of the lessor under the Housing Lease Protection Act as they are,
(2) In light of the aforementioned legal principles, the Plaintiff, who succeeded to the lessor’s status, has a duty to return KRW 230,00,000 to the Plaintiff at the same time having received the instant apartment from the Plaintiff as the lessee, barring any special circumstance, even if the instant lease agreement was explicitly renewed in accordance with the Housing Lease Protection Act, the termination of the contract and the return of the deposit.