1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasons why the court should explain this part of the facts of recognition are as follows. The second part of the judgment of the court of first instance added “lease” (hereinafter referred to as “instant lease agreement”) to “lease 8,” and the second part of the judgment of the court of first instance other than changing “the instant apartment” to “the instant apartment” is as stated in paragraph 1 of the judgment of the court of first instance. Thus, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the plaintiff has no standing to sue since the plaintiff sold the apartment of this case to G Co., Ltd. (hereinafter "G").

However, in a lawsuit for performance, since a person who asserts himself/herself as the person entitled to exercise the standing to sue and who is asserted as the person obligated to perform the standing to sue himself/herself, the existence of standing to sue in accordance with the plaintiff's assertion itself is inappropriate, and the original defendant does not require the person to perform the obligation or the person to perform the obligation (see, e.g., Supreme Court Decision 94Da14797, Jun. 14, 1994). Thus, as long as the plaintiff claims the delivery of the apartment of this case against the defendant,

Therefore, the defendant's main defense is without merit.

3. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was that the Defendant subleases the instant apartment to a third party, and the instant lease agreement was lawfully terminated due to the Defendant’s fault, and the Plaintiff purchased the instant apartment from C after the termination of the instant lease agreement and acquired the ownership of the instant apartment after purchasing it from C.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff.

B. According to Article 3 of the Housing Lease Protection Act, even in the absence of registration, when a lessee completes the delivery and resident registration of a house, the lease becomes effective against the third party from the following day.