1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 50,000,000 to the plaintiff.

1. Basic facts

A. On September 6, 2012, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant building”) for a residential purpose from C to September 9, 2012, with a lease deposit of KRW 50 million, and the period from September 13, 2012 to September 2014.

(hereinafter “instant lease agreement”). B.

On September 6, 2012, the Plaintiff completed a move-in report to his domicile.

C. On May 21, 2013, following the completion of the registration of establishment of a mortgage on the instant building, the Plaintiff obtained a fixed date regarding the lease agreement on February 5, 2014.

Since then, on May 13, 2016, the decision of voluntary decision to commence the auction of the instant building was rendered as D to this court upon the application of the Redived Credit Cooperatives with Respect to the said building.

In the above auction procedure, the plaintiff demanded distribution as a tenant, but did not receive a subordinate distribution.

E. The Defendant received a successful bid of the instant building in the above auction procedure and completed the registration of ownership transfer on March 29, 2017 by paying the successful bid price and completing the said construction.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Assertion and determination

A. 1) The plaintiff is a lessee with the opposing power to complete a move-in report on the building of this case for residential purpose. The defendant who acquired the ownership of the building of this case through an auction procedure succeeded to the status of the lessor. Therefore, the defendant is obligated to pay the lease deposit amount of KRW 50 million at the same time as the delivery of the building of this case from the plaintiff. 2) The defendant cannot respond to the plaintiff's claim on the following grounds.

① The Plaintiff did not pay KRW 50 million to the lessor.

② On September 6, 2012, the Plaintiff transferred to another address several times after the move-in report. Since November 20, 2013, the Plaintiff lost possession of the instant building by failing to use it any longer. This is the delivery of the house for opposing power.