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. Basic facts

A. On September 24, 2012, the Plaintiff entered into a lease agreement with C, the former owner of the instant house, under which the Plaintiff agreed to lease the instant house by setting the deposit amount of KRW 72 million and the term of lease from September 24, 2012 to September 23, 2014 (hereinafter “instant lease agreement”), and completed the move-in report on the same day.

B. The registration of ownership preservation was completed on September 12, 2012 under C’s name on January 7, 2013, and the registration of ownership transfer was completed on the ground of the sale as of December 12, 2012 in the name of Indian Co., Ltd. on December 7, 2013. On February 26, 2013, the registration of ownership transfer was completed on the ground of the sale as of February 25, 2013 in the name of the Defendant.

C. On December 31, 2013, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease contract was terminated on the grounds that the Defendant’s husband D destroyed and intruded into the locking system of the instant house at around 12:00 on December 30, 2013, and the said content-certified mail sent to the Defendant on January 2, 2014.

The Plaintiff is occupying the instant house until the date of closing the argument in this case.

[Ground of recognition] Facts without dispute, Gap's 1 to 7, 10 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) The Plaintiff completed the delivery and resident registration of the instant housing with respect to the instant lease agreement, thereby constituting the Housing Lease Protection Act (hereinafter “Act”).

Article 3 (1) has the opposing power, and the defendant succeeded to the lessor status of C and C as the former owner of the instant house under the law, and since the instant lease contract has been terminated upon termination, the defendant shall pay to the plaintiff the deposit amount of KRW 72 million and damages for delay calculated at the rate of 20% per annum from the day after the date of delivery of the instant house to the day of full payment.