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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On September 9, 2010, the Plaintiff and the Defendant entered into a contract with the Defendant on the lease deposit amounting to KRW 30 million, monthly rent amounting to KRW 350,000,000, and KRW 350,000,000,000,000 from September 30, 201, under which the Plaintiff leased the instant apartment to the Defendant (hereinafter “instant lease contract”). On September 30, 2010, the Plaintiff entered into a lease agreement with the Defendant on the premise that the ownership transfer registration was completed in the Plaintiff’s name on September 9, 2010 ( approximately 60 square meters, which was the former owner of the instant apartment). On September 30, 2010, the Plaintiff handed over the instant apartment to the Defendant on September 30, 2010.
B. On October 2, 2010, the Plaintiff entered into a contract with E to lease the instant apartment as KRW 34.6 million, monthly rent, and KRW 9 million. On November 2, 2010, E completed the move-in moving-in report into the instant apartment on the same day, and obtained the fixed date on the said lease agreement. On August 3, 2012, E filed an application for the registration of housing lease with the Seoul Southern District Court Decision 2012Kao1634 against the Plaintiff, and completed the lease registration from the above court on August 16, 2012, the Plaintiff completed the lease registration with respect to the instant apartment on August 30, 2012, including the lease deposit amount of KRW 34.6 million (hereinafter “the maximum debt amount”). The Plaintiff completed the lease registration with respect to the instant apartment housing association on October 13, 2010 (hereinafter “the debtor”).
C. On January 24, 2013, upon the application of the Seoul Livestock Industry Cooperatives, which is the right to collateral security in the instant case, the auction procedure of the instant apartment was initiated (Seoul Southern District Court F; hereinafter “instant auction case”).
(2) In the auction case of this case, the Defendant.