1. The Defendant’s KRW 46,081,045 for the Plaintiff and KRW 5% per annum from October 26, 2018 to April 3, 2019.

1. The lessee who can set up against the assignee of the leased house that can set up a judgment on the cause of the claim may be exempted from the detention of the succeeded lease relationship if he does not want to succeed to the lease relationship. Therefore, if the leased house is sold by auction before the expiration of the lease term, the lessee may terminate the lease contract and claim a preferential repayment.

In such a case, the right to terminate the lease acknowledged for the lessee is based on the principle of fairness and good faith that if the lessee does not want the succession of the lease as the lessee transferred the object of the lease at an auction without the lessee’s prior consent, the right to terminate the lease itself is effective immediately (see, e.g., Supreme Court Decision 94Da37646, Jul. 12, 1996). In a case where the object of the lease is sold at auction, the right to demand a distribution to the auction court without the expiration of the lease term is clearly expressed that the lessee with opposing power does not want the continuation of the lease relationship. Thus, barring any special circumstances, it can be deemed as an expression of intent to terminate the lease. Meanwhile, the auction court notifies the lessor of the demand for distribution as prescribed in Article 89 of the Civil Execution Act, Article 268 of the Civil Procedure Act, and ultimately, it shall be deemed that the lessee’s termination notice has reached the lessor at the time of delivery through the court of auction, and the relationship between the Plaintiff and the Defendant 216.