The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

The Housing Lease Protection Act was amended by Act No. 12043, Aug. 13, 2013; newly established Article 3-2(7) of the Housing Lease Protection Act; and where a financial institution, etc. prescribed in the said provision acquires a right to preferential payment from a lessee who has acquired a right to preferential payment, a transferee shall succeed to the right to preferential payment within the limit of the amount of transfer; and the Addenda provides that the aforementioned newly established provision shall apply from the time of its promulgation, but shall apply from the time of the first transfer of a right to return a deposit for lease after its enforcement. Therefore, if a transferee of a claim for return of a deposit for lease, which is separate from a

The judgment below

According to the reasoning and the record, the Plaintiff resided in the apartment of this case by leasing and transferring the apartment of this case from C on November 25, 2005 and maintained his resident registration on the same day after obtaining the fixed date on the lease contract. However, on July 16, 2007, the Plaintiff transferred the lease deposit repayment claim under the above lease contract to secure its repayment obligation after receiving a loan from a mutual savings bank on July 16, 2007, and thereafter, the distribution schedule was prepared after the auction procedure based on the right to collateral security established after the date of the Plaintiff’s moving-in report was conducted, and the said transferee did not distribute to the Plaintiff or the transferee of the right to return the lease deposit. The said transferee filed a lawsuit of demurrer against the distribution, and the Plaintiff also filed a lawsuit of demurrer against the distribution, which was in the course of the lawsuit, and the Plaintiff acquired the lease deposit repayment claim that he transferred from the transferee on December 13, 201.

If there are some circumstances, the Plaintiff is separated from the right of lease before the enforcement of the amended Act.