1. The Defendants jointly and severally pay KRW 52,000,000 to the Plaintiff.

2. The plaintiff's remainder against the defendants.

Facts of recognition

On September 16, 2014, the Plaintiff entered into a lease agreement with the Defendants on the lease deposit amount of KRW 52 million and the lease period of the building E (hereinafter “instant building”) by setting the lease deposit amount of KRW 52 million and the lease period as of September 20, 2016.

On September 16, 2014, and September 20, 2014, the Plaintiff paid a total of KRW 52 million to the Defendants.

[Grounds for recognition] A. 2 and 3 evidence, and the above facts of determination as to the grounds for a claim for determination of the purport of the entire pleadings are as follows: (a) the lease contract between the Plaintiff and the Defendants terminated by the expiration of the period; and (b) barring special circumstances, the Defendants are obligated to return the lease deposit to the Plaintiff KRW 52 million, barring any special circumstance.

Furthermore, even if the Plaintiff transferred the instant building on May 3, 2019, the Plaintiff sought for the payment of damages for delay on the deposit for lease, but there is no evidence to prove that the Plaintiff delivered the instant building to the Defendants on May 3, 2019. Therefore, the Plaintiff’s assertion on this part is difficult to accept.

The Defendants asserted as to the Defendants’ assertion that the obligation to return the deposit to the Plaintiff was extinguished, since the Defendants purchased the building from G in Young-gu E, Suwon-si, to which the instant building belongs, and the sales contract was rescinded, and G succeeded to the status of the Defendants, a lessor.

Even in cases where the lease is terminated due to the expiration of the term of validity or the agreement of the parties with respect to the lease with opposing power, the lessee is deemed to continue to exist until the deposit is returned pursuant to Article 4(2) of the Housing Lease Protection Act. In cases where real estate which is the object of lease is transferred to the assignee pursuant to Article 3(2) of the same Act, the status of the lessor as the lessor is naturally succeeded to the status of the lessor when the lease is terminated,