1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 24, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C by setting the lease deposit amount of KRW 60,000,000 and the lease deposit amount of KRW 60,000 from January 20, 2010 to January 19, 2012 as the broker of a licensed real estate agent B, and paid KRW 60,000,000 to C by January 20, 2010.

(B) The instant lease agreement was implicitly renewed.

At the time of the instant lease agreement, on December 24, 2017, the establishment registration of the mortgage-mortgage-based agricultural cooperatives, Yeongdeungpo-gu Agricultural Cooperatives, the maximum debt amount of KRW 182,00,000 was completed with respect to the instant building. However, on October 4, 2013, the Seoul Western District Court E voluntarily auction procedure was commenced on October 4, 2013 upon the application of Yeongdeungpo-gu Agricultural Cooperative.

C. The scope of a lessee who is to receive the top priority payment under the Housing Lease Protection Act is amended by Presidential Decree No. 2034, Oct. 23, 2007; Presidential Decree No. 20334, Nov. 4, 2007; the overconcentration control region in the Seoul metropolitan area was changed to a lessee whose deposit amount is not more than KRW 40,000; and the overconcentration control region in the Seoul metropolitan area was amended by Presidential Decree No. 20971, Aug. 21, 2008; and the same date entered into force, the overconcentration control region in the Seoul metropolitan area changed to a lessee whose deposit amount is not more than KRW 60,000,000 and the deposit amount was not more than KRW 60,000

However, according to the supplementary provisions of the above Enforcement Decree, the person who acquired the security right on the leased house before the enforcement of the Enforcement Decree shall comply with the previous provisions.

In accordance with the Addenda of the above Enforcement Decree (No. 20971), the lessee with a deposit of 40 million won or less could receive the distribution in the top priority. D.

The defendant shall be within the deductible period from the date of conclusion of the instant lease contract with B.