2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”) on December 6, 2014 due to the contract to establish a right to lease on a deposit basis, the registration of the establishment of a right to lease on a deposit basis (hereinafter “registration of creation of a right to lease on a deposit basis”) was completed on February 13, 2015 by the Seoul Central District Court No. 34664, Feb. 13, 2015.

B. After that, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) was completed on February 16, 2015 by Seoul Central District Court No. 36359, Feb. 16, 2015. According to the registration of the establishment of a neighboring mortgage of this case, the procedure of voluntary auction was commenced to Seoul Central District Court C

C. On January 6, 2017, the Plaintiff purchased the instant real estate in the said voluntary auction procedure and paid the purchase price. Accordingly, on January 12, 2017, the registration of transfer of ownership in the name of the Plaintiff and the cancellation of the registration of the establishment of the instant neighboring mortgage was completed.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the assertion is that the contract to establish a right to lease on a deposit basis, which serves as the ground for the registration of the establishment of a right to lease on a deposit basis, takes effect from February 24, 2015, which is the date of commencement of the term as a legal act by the time-based legal act. Thus, only provisional registration can be made pursuant to Article 8

Therefore, the registration of the establishment of chonsegwon in this case is not effective on February 13, 2015, which is the date of receipt, and it takes effect only after February 24, 2015, on which the duration of chonsegwon begins.

In addition, even if the right to lease on a deposit basis of this case is valid in accordance with the substantive legal relationship from February 24, 2015, its effect does not take effect retroactively due to the registration of establishment of the right to lease on a deposit basis of this case completed on February 16, 2015.

Therefore, the right to lease on a deposit basis of this case is 2015.