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1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 20,000,000 to the plaintiff.
Reasons
1. Facts of recognition;
A. On January 13, 2014, the Plaintiff leased a building listed in the attached list (hereinafter “instant apartment”) from C with a deposit of KRW 220,00,000, and from February 21, 2014 to February 20, 2016 (hereinafter “instant contract”) by setting the lease period from February 21, 2014 to February 20, 2016. On February 21, 2014, the Plaintiff entered the instant apartment into the resident registration move-in report and resided after being transferred the instant apartment on the same day.
B. On October 6, 2014, the Defendant purchased the instant apartment from C and completed the registration of ownership transfer on October 7, 2014.
The above sales contract contains a special clause that "the apartment of this case is currently residing in the present tenant and shall succeed (in addition to the lease contract) under the present condition."
[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1 through 4 [The defendant's name in the column for the buyer's column is presumed to be the authenticity of the whole document, since the defendant's name in the column for the buyer's column is not a dispute over the authenticity of the whole document]
2. According to the above facts of recognition as to the cause of the claim, the defendant succeeded to the status of the lessor of the contract of this case by purchasing the apartment of this case from C and acquiring ownership.
Therefore, even though the defendant asserted that there was no agreement to succeed to the status of a lessor between C and the defendant, even if there was no such agreement, the plaintiff was transferred the apartment of this case on February 21, 2014 after the lease of the apartment of this case and delivered it on February 21, 2014 and completed the moving-in report on the resident registration on the same day, thereby having the opposing power under the Housing Lease Protection Act, and the defendant who acquired the ownership by transfer of the apartment of this case after the plaintiff acquired such opposing power, shall succeed to the status of a lessor of the housing of this case pursuant to Article 3 (4)