The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. Article 91(3) of the Civil Execution Act provides, “The right to lease on a deposit basis shall be extinguished by sale if it is impossible to oppose a claim for seizure or provisional seizure against a mortgagee,” and Article 91(4) of the same Act provides, “The right to lease on a deposit basis, other than the case of paragraph (3), shall be extinguished by the buyer: Provided, That the right to lease on a deposit basis shall be extinguished by sale if the person having a right to lease on a deposit basis demands a distribution,” unlike the right to lease on a deposit basis, which cannot be set up against a mortgage, the right to lease on

(See Supreme Court Decision 2009Da40790 Decided June 24, 2010). Therefore, the right to lease on a deposit basis with the highest priority is the principle that the right to lease on a deposit basis should be extinguished by sale only when the right to lease on a deposit basis directly makes a demand

However, if the right of lease on a deposit basis is terminated due to the expiration of the duration period or the termination of the agreement, the right of real right of lease on a deposit basis is extinguished, and the registration of the right of lease on a deposit basis is valid until the right of lease on a deposit basis is returned within the scope of the right of real right that guarantees the right of lease on a deposit basis (see Supreme Court Decision 2003Da35659, Mar. 25, 2005). If the right of lease on a deposit basis is terminated due to expiration of the duration period, the creditor of the right of lease on a deposit basis can demand a distribution of the right of lease on a deposit basis in his/her own name at the auction procedure for the real estate where the right of lease on a deposit basis

However, in the sale procedure of the above auction, the execution court does not directly investigate whether the term of the right to lease on a deposit basis has expired or not, and if the right to lease on a deposit basis for a building has been legally renewed, it is not possible to determine whether the term has expired or not. Supreme Court Decision 2009Da35743 Decided March 25, 2010.