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 130,000,000 to the plaintiff.

1. Basic facts

A. On June 28, 2016, the Plaintiff entered into a lease agreement with C on July 20, 2016, setting the lease deposit amount of KRW 130,000,00, and the lease term of KRW 130,000,00.

On July 22, 2016, the Plaintiff moved in the building of this case and completed resident registration and obtained a fixed date in the lease contract.

B. On November 20, 2018, C concluded a sales contract with the Defendant including the content of succeeding to the lease agreement with the Plaintiff with respect to the instant building, and on November 21, 2018, C completed the registration of ownership transfer with respect to the instant building to the Defendant.

C. On November 29, 2018, the Plaintiff notified the Defendant of the termination of the lease agreement, and the notification of such termination reached the Defendant on December 3, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 6, purport of whole pleadings

2. Determination:

A. According to the above facts, the Plaintiff, a lessee, has occupied the building of this case and obtained the opposing power against a third party pursuant to Article 3(1) of the Housing Lease Protection Act by closing resident registration. The Defendant, as a transferee of the building of this case with opposing power, succeeded to the status of a lessor from C pursuant to Article 3(4) of the Housing Lease Protection Act.

Furthermore, the lease contract on the instant building was terminated on March 3, 2019, when three months have passed since the Plaintiff’s notice of termination was delivered to the Defendant.

Inasmuch as the lease contract on the instant building was terminated, the Defendant should pay KRW 130,000,000 to the Plaintiff, as sought by the Plaintiff, along with the delivery of the instant building from the Plaintiff.

B. As to this, the Defendant only lent the name of the Defendant to D and E, and did not actually purchase the instant building, the lessor against C.