1. The defendant shall receive KRW 35,000,000 from the plaintiff, and simultaneously deliver the real estate stated in the attached Form to the plaintiff.

2...

On May 26, 2014, C and D, the owner of the real estate indicated in the attached Form (hereinafter “instant housing”), concluded a lease agreement (hereinafter “instant lease agreement”) between May 26, 2014 and May 26, 2016, with respect to the instant housing as a broker by a licensed real estate agent E, with the lease deposit amounting to KRW 35 million, and the lease term from May 26, 2014 to May 26, 2016.

D around that time, C paid a deposit of KRW 35 million to C, and received the instant house.

On January 31, 2017, the Plaintiff acquired the ownership of the instant housing from C.

The Defendant began to reside in the instant house with D’s consent after the conclusion of the instant lease agreement, and is currently residing in the said house.

[Based on the basis of recognition] The Plaintiff succeeded to the lessor status of the instant lease by acquiring ownership of the instant housing, and terminated the said lease agreement with D on March 25, 2019.

Nevertheless, the defendant asserts that he succeeded to the status of tenant based on the forged studio charter contract (Evidence 2) and without any title, occupies the house of this case owned by the plaintiff.

Therefore, the Defendant is obligated to deliver the instant house to the Plaintiff.

Defendant succeeded to the lessee status of the instant lease agreement from D, and drafted the studio charter contract (Evidence 2) with the consent of D and C, which was possessed by the lessor at the time.

Therefore, the Defendant is a legitimate lessee of the instant house, and the said house cannot be delivered until the Plaintiff was returned the deposit amount of KRW 35 million.

Judgment

Whether the Defendant succeeded to the status of the lessee of the instant lease agreement or not, the room-to-door pre-sale contract (Evidence B) is established, and there is No. 2, hereinafter referred to as “the room-to-door pre-sale contract.”