Applicant (Attorney Han-do et al., Counsel for the applicant)

The motion of this case is dismissed.

On February 13, 2015, the registration of the establishment of a right to lease on a deposit basis (hereinafter referred to as the “registration of the right to lease on a deposit basis”) in a name other than the person having chonsegwon, which was made under No. 34664 on February 13, 2015.

1. Applicant's assertion

Although the registration of the establishment of the instant chonsegwon on real estate stated in the separate sheet was earlier than the registration date of the establishment of the instant chonsegwon (hereinafter “the establishment of the instant chonsegwon”), the instant chonsegwon becomes effective from February 24, 2015, since the term of the instant chonsegwon was from February 24, 2015 to February 24, 2015. Thus, the registration of the establishment of the instant chonsegwon is null and void until the time of its transfer. Therefore, the instant chonsegwon is lower than the instant collateral security, and thus, it cannot be set up against the applicant who is the purchaser of the real estate listed in the separate sheet, and thus, the registration of the establishment of the instant chonsegwon is entrusted.

2. Determination

Where proceeds from sale have been paid, the junior administrative officer, etc. of a court shall entrust the registration of cancelling entries as to the burden of real estate not taken over by the purchaser, as it is impossible to oppose the successful bidder ex officio (Article 144(1)2 of the Civil Execution Act); and whether entries as to the burden of real estate not taken over by the successful bidder are determined based on those entered in the registration record of real estate only. Furthermore, the highest priority of lease on a deposit basis is not extinguished by sale unless a demand for distribution is made (Article 91(3) and (4

In full view of the following circumstances, the registration of the establishment of chonsegwon in this case on the real estate register stated in the separate sheet was made prior to the registration of the establishment of a mortgage in this case or other provisional seizure, etc., and the applicant, other than the person having chonsegwon, did not make a demand for distribution in the course of voluntary auction. Since chonsegwon is established and acquired through a contract and registration between the parties concerned, even if the date of commencement of the term under the contract has not yet arrived, an application for registration of the establishment of chonsegwon can be made, and the duration of chonsegwon can be arbitrarily determined by the contract between the parties concerned (Article 312 of the Civil Act). As such, the duration of chonsegwon is not essential matters to be determined in the contract of the establishment of chonsegwon (Article 312 of the Civil Act). In full view of the following circumstances, the registered of the establishment of chonsegwon in this case on the real estate register in the separate sheet

3. Conclusion

Therefore, the petitioner's application of this case is dismissed as it is without merit, and it is so decided as per Disposition.

[Attachment]

Judge Lee Jong-tae