1. Defendant C is one of the area of 89.47 square meters of detached housing of the Michuhol-gu Incheon District D ground reinforced concrete structure from the Plaintiff.

1. Basic facts

A. On July 8, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit amount of KRW 45,00,000,000, and the term of lease from August 26, 2017 to August 25, 2019, with the second house of KRW 44.735 square meters in the 1st floor among the 89.47 square meters of a detached house of reinforced concrete structure in Michuhol-gu Incheon Metropolitan City (hereinafter “the second house”).

On August 26, 2017, the Plaintiff paid the lease deposit to Defendant B and received the transfer of the instant real estate, and completed the move-in report on September 25, 2017 and obtained a fixed date in the lease contract above on the same day.

B. On May 10, 2018, Defendant B concluded a security trust agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) on the instant real estate and completed the registration of ownership transfer with Defendant C on the same day on the grounds of trust.

C. Before the termination of the instant lease agreement, the Plaintiff notified the Defendants of the termination of the instant lease agreement, and notified the Defendants of the termination of the said lease agreement by serving a duplicate of the instant complaint.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 5 (including each number, if any) and the purport of whole pleading

2. Determination

A. Article 3(4) of the Housing Lease Protection Act, which provides that “A transferee of a leased house shall be deemed to succeed to the status of a lessor.” As such, where a rental house is transferred, the transferee succeeds to all the rights and obligations of a lessor under a lease agreement by combining the ownership of a rental house with the ownership of the leased house, as it is, the transferee succeeds to all the rights and obligations of the lessor. As a result, the transferee is exempted from the obligation to return the lease deposit, and the transferor is exempted from the obligation to return the lease deposit by withdrawing from the lease relationship (see, e.g., Supreme Court en banc Decision 2011Da49523, Jan. 17, 201