1. The Defendant shall pay to the Plaintiff KRW 50 million and the interest rate of 12% per annum from December 15, 2019 to the date of complete payment.

1. Facts of recognition;

A. On April 20, 2017, the Plaintiff entered into a lease agreement with the Defendant on April 20, 2017 with respect to private apartment D (hereinafter “instant apartment”), setting the deposit amount of KRW 160,000,000,000 from May 31, 2017 to November 30, 2019 (hereinafter “instant lease agreement”), and began to reside in the instant apartment complex by paying the deposit to the Defendant.

B. On October 28, 2019, which was around the expiration of the lease term under the instant lease agreement, the Defendant paid KRW 18 million to E on condition that E accepts the deposit of the instant lease agreement, and sold the instant apartment.

Accordingly, E received KRW 18 million from the Defendant, and completed the registration of ownership transfer on October 29, 2019.

C. On October 28, 2019, the Defendant notified the Plaintiff of the fact of selling the instant apartment.

The Plaintiff was a director of the instant apartment after the expiration of the rental term under the instant lease agreement.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1 through 3 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. On November 3, 2019, the Plaintiff, which caused the Plaintiff’s claim, sought the return of deposit under the instant lease agreement to the Defendant, and raised an objection to the succession to the lessor’s status, the Defendant still is in the lessor’s position.

In addition, the defendant paid 18 million won to E who has no intention or ability to return the deposit in order to escape the obligation to return the deposit, and sold the apartment of this case.

Therefore, the defendant should pay to the plaintiff the amount of KRW 50 million and damages for delay caused by partial payments or illegal acts of the lease deposit under the lease contract of this case.

3. Determination

A. The transferee of a leased house under Article 3(4) of the Housing Lease Protection Act as to the cause of the claim is the lessor.