The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

The Plaintiff (Counterclaim Defendant) shall pay KRW 130,000,000 to the Defendant (Counterclaim Plaintiff).

The main lawsuit and counterclaim are also finite.

1. Basic facts

A. As to the instant apartment, the registration of ownership transfer was completed in the Plaintiff’s future on July 11, 2008 due to the sale as of June 4, 2008. ② On February 5, 2016, the registration of ownership transfer was completed in C on the ground of the sale as of January 4, 2016, and ③ on the same day after October 2, 2019 (hereinafter “instant cancellation”).

B. 1) On February 14, 2018, the Defendant leased the instant apartment from C with the lease deposit amounting to KRW 130 million and the lease period from April 12, 2018 to April 11, 2020 (hereinafter “the lease of this case”).

(2) By April 12, 2018, the Defendant paid KRW 130 million to C the said lease deposit.

3) On February 26, 2018, the Defendant had a fixed date in the instant lease agreement document, and completed the resident registration as the instant apartment on April 12, 2018. [The fact that there is no dispute over the grounds for recognition, Gap’s evidence Nos. 1 and 3, and Eul’s evidence Nos. 1 through 6, and the purport of the whole pleadings.

2. The parties' assertion

A. The defendant, which caused the plaintiff's main claim, occupies the apartment of this case without title.

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

B. The defendant claiming a counterclaim by the defendant is a lessee with opposing power under the Housing Lease Protection Act before the cancellation of the case.

Therefore, the plaintiff's claim of this case is without merit.

On the other hand, the defendant terminated the lease of this case by the delivery of the counterclaim of this case, and the plaintiff bears the duty to return the lease deposit of this case to the defendant.

Therefore, the plaintiff is obligated to pay to the defendant 130 million won and damages for delay.

3. Determination

A. On February 14, 2018, at the time of the instant lease agreement, C, the owner, at the time of the instant lease agreement, leased the instant apartment to the Defendant, and the Defendant on April 12, 2018.