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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 20, 209, A leased the said apartment by setting the deposit amount of KRW 80,00,000,000 from October 30, 2009 to October 30, 201, which is the owner of the B 106, B 203 (hereinafter “instant apartment”) from C, which is the owner of the said apartment. On February 10, 2010, A acquired a fixed date on February 24, 201, with respect to the said apartment, the deposit amount of KRW 80,00,000, and the term of existence from February 10, 201 to October 30, 201, after completing the registration of establishment of chonsegwon with the person having chonsegwon as A, and obtained a fixed date on February 24, 2010 from the said lease agreement.
B. Since then, on February 24, 2011, the establishment registration of the instant apartment was completed with the maximum debt amount of KRW 166,00,000,000, and with respect to the debtor C and the mortgagee as the Korean National Bank, the junior priority over the establishment registration was completed.
C. D transferred the right to lease on a deposit basis from A on March 11, 201, and on April 15, 2011, D completed the additional registration to change the term of the right to lease on a deposit basis, which changed the term of the right to lease on a deposit basis from February 10, 201 to October 30, 201, and filed a move-in report to the instant apartment on September 26, 201.
On the other hand, the National Bank of Korea applied for the voluntary auction of the apartment of this case to Cheongju District Court Support E on the basis of the above right to collateral security. D is the auction court in the above voluntary auction procedure; lease contract dated October 20, 209; the defendant's resident registration record card abstract; and lease deposit amounting to KRW 80,000,000; period of possession from October 30, 2009 to October 30, 201; date of transfer; date of February 26, 2011; date of Apr. 15, 2011; date of lease registration; date of signing lease registration; date of signing lease registration; date of signing lease contract; date of signing lease contract; date of signing lease contract; date of signing lease contract; date of signing lease contract; date of signing lease contract; date of signing lease contract; date of signing lease contract; date of signing lease contract; date of signing lease contract; and date of moving to C. 10, 2009.