1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 13, 2009, the Plaintiff entered into a lease agreement with C, F, and C, D, E, and F-owned buildings (hereinafter the instant building) with a deposit money of KRW 110 million for lease on a deposit basis, and the period from August 31, 2009, and paid the deposit money for lease on a deposit basis.

B. On December 24, 2009, SPP Co., Ltd. (hereinafter “SP”) purchased the instant building from C, D, E, and F, and completed the registration of ownership transfer on January 20, 2010.

C. On August 13, 2011, the Plaintiff entered into a lease agreement for lease of 125 million won for lease on a deposit basis, and from August 13, 201, two years from August 13, 201, with respect to the instant building, the Plaintiff decided to substitute KRW 110 million out of the deposit for an existing deposit for lease on a deposit basis, and paid the increased KRW 15 million to S. S.C.

The Defendant purchased the instant building from YSB on October 8, 2012, and completed the registration of ownership transfer on October 9, 2012. On the same day, the Defendant completed the registration of ownership transfer on the instant building as the maximum debt amount of KRW 130 million, the obligor, the Defendant, and the mortgagee G.

E. G, based on the foregoing right to collateral security, received a voluntary decision on the commencement of auction on the instant building to H of this court on April 11, 2013. On November 21, 2013, the Plaintiff purchased the instant building at the above auction procedure and paid the purchase price.

[Grounds for Recognition: Each entry in Gap evidence Nos. 1, 2, 3, 4, and 5, and the purport of the whole pleadings]

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the Plaintiff was aware of the Defendant’s purchase of the instant building from YISB only after the auction procedure was commenced on the instant building, and filed a move-in report on the instant building and received a fixed date.

Since the defendant succeeded to the status of the lessor of YSB, he is obligated to return the deposit to the plaintiff.

B. According to Article 3(1) of the Housing Lease Protection Act, a lessee has completed the delivery of a house and resident registration even in the absence of such registration.