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1.The judgment of the first instance shall be modified as follows:
The defendant shall receive KRW 85,00,000 from the plaintiff.
Reasons
1. Basic facts
A. On July 12, 2007, C leased the real estate listed in the attached list owned by C (hereinafter “the apartment of this case”) to the Defendant with the lease deposit of KRW 85,000,000, and the lease term from August 12, 2007 to August 11, 2009. The Defendant paid the lease deposit to C and began to reside as the above apartment.
B. Since then, the instant lease agreement was concluded by C and the Defendant to extend the lease term on August 12, 2009 by August 22, 201, and was renewed by August 22, 2013.
C. Meanwhile, the Plaintiff purchased the instant apartment from C on August 17, 2011, and completed the registration of ownership transfer on August 22, 2011 with respect to the instant apartment.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 7, the purport of the whole pleadings
2. Determination
A. On the premise that the Plaintiff succeeded to the status of the lessor with respect to the apartment of this case under the Housing Lease Protection Act, the Plaintiff asserts that the Defendant is obligated to deliver the apartment of this case to the Plaintiff on June 17, 2013, which was renewed between C and the Defendant, on the premise that the Plaintiff succeeded to the status of the lessor with respect to the apartment of this case under the Housing Lease Protection Act. Since the renewed lease term expires on August 22, 2013, the renewed lease term expires.
The plaintiff was succeeded to the status of the lessor from C, the renewed term of lease expires between C, and the fact that the plaintiff expressed his intention to refuse the renewal before that expires, or that the plaintiff expressed his intention to refuse the renewal can be acknowledged by taking into account the following facts: Gap evidence No. 1, Eul evidence No. 1, and the whole purport of pleadings, barring special circumstances, the defendant is obligated to deliver the apartment of this case to the plaintiff, unless there is a reason
B. As to the judgment on the defendant's defense, the defendant cannot respond to the plaintiff's claim until 85,00,000 won is returned from the plaintiff, and the plaintiff is again unable to respond to the plaintiff's claim.