1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasons why the court should explain this part of the underlying facts are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, in addition to the change of “this court” into “court of the first instance” as “court of the first instance judgment.”

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is as follows, and the Plaintiff claims against the Defendant for the delivery of the instant apartment and the return of unjust enrichment equivalent to the rent.

1) The Defendant is only the most lessee who prepared a false lease contract with C. (2) Considering the delivery and possession relationship with respect to the instant apartment, the Defendant was either unable to oppose the Korean Standards, a mortgagee, or deprived of opposing power.

3) The instant lease agreement constitutes a juristic act subject to the condition of suspension. Since the Defendant completed the instant apartment prior to the fulfillment of the condition of suspension, it is null and void, and the Defendant cannot assert the opposing power under the instant lease agreement on the ground of such resident registration. 4) In concluding the instant lease agreement, the Defendant’s right of lease was agreed with C to be lower than the right to collateral security of the Korea Standards Bank, and thus, the Defendant’s assertion of senior right of lease against the Plaintiff, etc. is not permissible against the good faith principle, etc.

B. As to the gist of the Defendant’s assertion, the Defendant asserted as follows, and the Plaintiff’s claim should be dismissed in entirety.

1) The Defendant concluded the instant lease agreement with C, which is the former owner, and paid KRW 260,00,000,00 for lease deposit, and completed the move-in report and received it from the date of the fixed date and thereafter, is the lessee with the opposing power residing in the instant apartment from the date of the fixed date. (2) It cannot be deemed that the instant lease agreement constitutes a juristic act with the terms and conditions of suspension,