1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

On January 26, 2006, the Plaintiff: (a) entered into a contract to lease on a deposit basis with the Defendant for lease on a deposit basis (hereinafter “instant building”); (b) from January 26, 2006 to January 25, 2008, for lease on a deposit basis (hereinafter “instant building”) with the Defendant; and (c) completed the registration of lease on a deposit basis (hereinafter “right to lease on a deposit basis”) with the Gwangju District Court No. 22472 on February 1, 2006.

In relation to the instant building, a prior mortgage (right to collateral security (right to collateral security (right to collateral security) was established over C. However, E, a creditor against the Defendant, obtained a decision on compulsory commencement of auction on January 9, 2008 and completed the registration of voluntary commencement of auction under the Gwangju District Court No. 3949 on January 9, 2008, and thereafter, the Gwangju District Court completed the registration of voluntary commencement of auction under the Gwangju District Court’s Ordinance No. 14941, Jan. 23, 2008, upon receipt of a decision on voluntary commencement of auction (right to collateral security (right to collateral security), with the Gwangju District Court’s Ordinance No. 14941, Jan. 25, 2008.

As above, when the real estate auction procedure for the instant building was in progress, the Plaintiff completed the registration of ownership transfer in its own name on or around February 11, 2008, and completed the registration of ownership transfer in its own name, the Plaintiff repaid KRW 3 million to E, and repaid KRW 47,787,804 to the North Korean Agricultural Cooperative on February 25, 2008.

Accordingly, on February 25, 2008, the registration of the decision to commence compulsory auction established on the instant building was cancelled, and the registration of the decision to commence voluntary auction was cancelled on February 28, 2008.

[Grounds for recognition] Facts without dispute, Gap 1 and 2, Gap 3-1, 2, and 3-1, 2, and 3-3, and the plaintiff's primary argument that the plaintiff's primary purport of the whole pleadings is likely to prevent the plaintiff from being refunded security deposit from the auction proceeds of the building of this case, and the plaintiff, a dynamics of Eul, around January 2008, purchased the building of this case between the defendant and the defendant, with the purchase price of KRW 85 million, and the plaintiff paid the full amount of debt related to the building of this case on behalf of the defendant, and KRW 15,787,804, which is the difference between the debt related to the building of this case and the purchase price, = the building of this case.