1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. Seongbuk-gu Seoul Metropolitan Government 139 square meters (hereinafter “instant land”) and the cement block structure and 55.07 square meters of housing on one-story roof (hereinafter “instant old housing”) were owned by D.

D is a building permit of the instant old house, and a two-story 202.1 square meter (hereinafter referred to as the “new house of this case”) on the instant land, and did not make a new registration.

B. On April 7, 2010, the Plaintiff leased the second floor 203 of the instant new housing (hereinafter “instant leased object”) from D with the lease deposit of KRW 40,000,000, and from April 11, 2010 to February 10, 201, the lease term of KRW 40,000.

After paying the above lease deposit to the Defendant on April 11, 2010, the Plaintiff began to reside in the leased object after receiving a delivery of the leased object of this case from the Defendant.

On April 29, 2010, the Plaintiff completed a move-in report on the leased object and received a fixed date.

C. D As of July 13, 201, E, an infant on the same day, succeeded to the instant land and the instant new housing, respectively.

On September 27, 2012, the Plaintiff was distributed KRW 6,998,889 out of the lease deposit as a small lessee of the leased object of the instant case in the J voluntarily auction procedure commenced by the mortgagee of the right to collateral security regarding the instant land.

E. Meanwhile, the Defendant purchased the instant land through the above auction procedure on August 16, 2012 and completed the registration of ownership transfer.

In addition, the Defendant purchased the instant new house from E on October 22, 2012, and completed the registration of ownership transfer for reasons of sale on October 26, 2012 in the old house registry on October 26, 2012.

F. On April 16, 2013, the Plaintiff delivered the leased object of this case to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6 (including branch numbers in the case of additional numbers), Eul evidence Nos. 1 and 6, and the purport of the whole pleadings.