1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The relevant Plaintiff is a person who completed the registration of establishment of a neighboring mortgage (hereinafter “instant mortgage”) on January 30, 2018, Seoul Southern District Court (Seoul Southern District Court Decision 18876, Jan. 30, 2018, and the Defendant is a person who leased and resides in the instant housing.

B. On December 24, 2017, the Defendant entered into a lease agreement with C, the former owner of the instant house, with the content of KRW 160 million and the lease term of two years (from January 12, 2018 to January 11, 2020). Of the lease deposit, the Defendant completed the lease agreement by cash or account transfer from December 24, 2017 to January 12, 2018, and the remainder of KRW 128 million by directly transferring the lease deposit to C through the bank under the name of C through the loan method for the lease on a deposit basis on December 27, 2017, and the Defendant completed the move-in agreement on December 27, 2017 (No. 200 million).

3) On January 12, 2018, the Defendant entered into a lease agreement with D, who becomes a new owner, with the content of the said lease agreement, and entered into a special agreement to succeed to the lessor’s status as follows. The Defendant was granted a fixed date even in the certificate No. 5.

Matters of special agreement

1. The present contract is to succeed to the existing contract and to the comprehensive acquisition by a new lessor.

The former owner is changed from (C) to (D) and a contract for change of the owner which is confirmed and prepared by the lessor and lessee;

2. It is a contract to verify and conclude a certificate for registration after on-site inspection and it is leased in the present state.

(b)

5. When the current trust is registered and the remainder of the lease is paid, the lessor shall register the registration of the trust and the cancellation of the right to collateral security separately registered on the land separately, and the lessor shall occupy the building upon obtaining the transfer of resident registration and the grant of the fixed date;