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.

1. Facts of recognition;

A. On May 31, 2004, the principal registration of transfer of ownership was completed on May 31, 2004, when the ownership transfer claim was completed on the grounds of the pre-sale on the same day. The principal registration of transfer of ownership was completed on May 26, 2003.

B. At the time of May 26, 2004, the Plaintiff leased the instant housing as KRW 11,000,000, and the period from May 24, 2004 to 24 months (hereinafter “instant lease agreement”).

C. After that, on December 13, 2006, on the basis of the order of lease registration under the order of lease registration as 11,000,000 won for lease deposit, May 26, 2004, the date of resident registration and the date of occupation commencement, respectively, the registration of the right to lease of the house was completed, which is the Plaintiff of the lessee.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Defendant succeeded to the lessor’s status under the instant lease agreement by acquiring the instant house from E, and that the instant lease agreement has expired due to the expiration of the period of validity, the Defendant is obligated to return the lease deposit to the Plaintiff.

B. If a person who has made a provisional registration to preserve the right to claim ownership transfer registration on the basis of the provisional registration, has completed the principal registration on the basis of the provisional registration, it brings about the effect of the interim disposition on the basis of the priority preservation of the provisional registration. Thus, only after the provisional registration is completed, the lessee of the house who acquired the opposing power under the Housing Lease Protection Act cannot oppose the person who has made the principal registration on the basis

Supreme Court Decision 2007Da2559 Decided June 28, 2007