A. The Plaintiff is the owner of Gangnam-gu Seoul Metropolitan Government No. 601 (hereinafter “instant building”).

B. On December 7, 2012, the Defendant concluded a contract to establish a right to lease on a deposit basis with the Plaintiff as to the instant building, and completed the registration of the establishment of a right to lease on a deposit basis with the Defendant as “Defendant having a right to lease on a deposit basis,” from December 7, 2012 to December 6, 2014,” in the instant building on the same day ( December 7, 2012).

(Seoul Central District Court No. 288454, Dec. 7, 2012; hereinafter referred to as the "right to lease on a deposit basis of this case").

On December 13, 2012, the Defendant transferred the instant right to lease on a deposit basis to D on December 13, 2012, sent the notice of assignment to the Plaintiff on December 17, 2012, and reached the Plaintiff around that time.

In addition, the defendant transferred D the possession of the building of this case to D around that time.

The Defendant filed a lawsuit against D and one other party seeking the transfer of the instant building on the ground that the said contract for the transfer of the security deposit deposit claim was null and void or cancelled. The appellate court dismissed the Defendant’s claim that “the Defendant prepared and delivered the “contract for the transfer of the claim” to D and one other party with the intention to transfer the right to lease on a deposit basis for the use of and benefit from the instant building along with the transfer of the security deposit deposit deposit claim, and this is a donation of the right to lease on a deposit basis in writing (Seoul Central District Court Decision 2013Na6602 Decided December 3, 2014). The Defendant’s appeal was dismissed and the judgment became final and conclusive

(Supreme Court Decision 2015Da3136 Decided April 23, 2015). E.

However, the Defendant applied for voluntary auction of the instant building during the final appeal process, and rendered a decision of commencing voluntary auction on April 22, 2015.

(Seoul Central District Court E). 【Reasons 1 to 7 of the Grounds for Recognition】 Each entry and the purport of the whole pleadings

2. The plaintiff's assertion that the right to lease on a deposit basis was also transferred to D along with the right to return the deposit money, and thus, the defendant is not a person who has a right to lease on a building at present.