A. On March 30, 2013, the Plaintiff entered into a lease agreement with C, setting the lease deposit amount of KRW 130 million and the period from April 3, 2013 to April 2, 2014 with respect to the lease of the two-story detached houses on the ground D, Cheongju-si, Cheongju-si (hereinafter “instant house”).

B. On April 2, 2013, the Plaintiff completed the move-in report on the instant house, and completed the registration of the establishment of chonsegwon (the deposit amount of KRW 130 million and the duration from April 3, 2013 to April 2, 2014; hereinafter “previous chonsegwon”) on the instant house on March 30, 2013.

C. On May 1, 2015, C sold the instant housing amounting to KRW 550 million to the Defendant.

On May 26, 2015, the Defendant revoked the registration of the establishment of the former chonsegwon by the Plaintiff, and immediately completed the registration of ownership transfer based on the said sale, and completed the registration of ownership transfer with respect to the instant housing, and completed the registration of the establishment of the mortgage over the obligor’s Defendant.

On the other hand, the instant house had been completed with the maximum debt amount of KRW 4550 million prior to ( March 29, 2013) and the right to collateral security, which is the debtor C and the F&C association, was terminated on May 26, 2015. However, the said right to collateral security was cancelled on May 27, 2015 on the ground of termination on May 26, 2015.

On July 17, 2015, the Plaintiff entered into a contract to establish a right to lease on a deposit basis, which is again determined as KRW 130 million for the instant housing, from July 17, 2015 to July 16, 2016, and completed the registration of the establishment of a right to lease on a deposit basis on the same day.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff completed a move-in report by leasing the instant house from C, and possessed and used the instant house continuously after having registered the establishment of a right to lease on a deposit basis.

On July 3, 2014, the voluntary auction procedure regarding the housing of this case is procedure upon the application of the collective security FF association.