2. As to the case of application for the suspension of compulsory execution by this Court 2018 Chicago42

A. A. Around March 14, 2013, D, the former owner of the instant real estate, entered into a lease agreement with Defendant and E, setting a deposit of KRW 65,00,000, monthly rent of KRW 3,500,000, and the period from March 20, 2013 to March 20, 2015, and the lessor agreed to establish a right to lease on a deposit basis and agreed to return the instant real estate to the Defendant at the time of return of the deposit.

B. On March 19, 2013, D completed the registration of the establishment of each right to lease on a deposit basis with the Defendant as to the instant real estate, from March 20, 2013 to March 20, 2015; and D completed the registration of each right to lease on a deposit basis as set forth in paragraph (1) of the main text of the Defendant of the right to lease on a deposit basis.

(hereinafter referred to as the “right of lease on deposit basis of this case”).

The Plaintiffs purchased the instant real estate from D on December 1, 2016, and completed the registration of ownership transfer on May 12, 2017 as to each portion of the instant real estate.

The Defendant applied for a voluntary auction on the instant real estate to Suwon District Court F on July 27, 2017, based on the instant chonsegwon, and received a voluntary decision to commence auction on July 27, 2017.

(hereinafter “instant auction”). 【The ground for recognition” has no dispute, Gap’s Nos. 1, 2, and 6 (including each number), Eul’s written evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. Although the Defendant applied for the auction of this case on the ground that it did not receive the refund of the deposit money of this case, in light of the following circumstances, the Defendant had already received the said deposit money from D.

The Defendant stated in the application for the auction of this case that the Defendant would receive the return of the deposit money from D as a simultaneous performance and delivery of documents necessary for the delivery of the instant real estate and the cancellation of the registration of chonsegwon, but the letter of letter of letter attached thereto shall be delivered from the Defendant on March 20, 2015, which is the expiration date of the lease contract, and registered the cancellation of the registration of chonsegwon.