1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.

2. The Defendant (Counterclaim Plaintiff) shall attach an annex to the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 12, 2007, the Defendant was a Korean national residing abroad who acquired the permanent residence in Canada, and leased the instant apartment from the owner of the instant apartment from the owner of the instant apartment from July 9, 2007 to July 8, 2009 the lease deposit amount of KRW 330 million,00,000,000, and thereafter has resided until the date of the domestic residence report after being handed over the apartment on July 4, 2007.

The defendant's wife D and E are foreign nationality Koreans who acquired the Canadian nationality, and completed the domestic residence report on the apartment of this case on July 19, 2007, and have been living together with the defendant from around that time to that time.

B. On May 27, 2011, the Seoul Central District Court rendered a decision to commence the voluntary auction of the instant apartment (Seoul Central District Court F), and the Defendant reported the right as a lessee in the voluntary auction procedure on August 16, 201.

C. On May 17, 2012, the Plaintiff: (a) paid the sales price after being awarded a successful bid as a purchaser in a voluntary auction procedure; and (b) completed the registration of ownership transfer on the instant apartment.

【Ground for Recognition: Facts without dispute, Gap 1, Eul 1, Eul 1, 3, 4, 17, 21, 24 (including virtual numbers; hereinafter the same shall apply)

(3) The grounds of appeal No. 1

2. The parties' assertion

A. The Plaintiff’s assertion 1) Since the Defendant was a tenant who did not complete his resident registration and did not acquire the opposing power under the Housing Lease Protection Act, it is not possible to assert the right of lease against the Plaintiff who acquired ownership in the voluntary auction procedure. The Defendant is obligated to deliver the instant apartment to the Plaintiff, the owner of the instant apartment, on July 10, 2012, as the Defendant agreed to deliver the instant apartment to the Plaintiff on July 10, 2012, and thus, the Defendant is obligated

B. Defendant’s assertion 1) The Defendant is a Korean national residing abroad who is unable to file a move-in report under the Resident Registration Act, and thus, the Act on the Immigration and Legal Status of Overseas Koreans (hereinafter “Overseas Koreans Act”).

. Report on the domestic place of residence under Article 6.