1. The defendant,

A. On June 2015, the competent district court of Daejeon District with regard to real estate stated in the separate sheet from the Plaintiff.

1. Facts of recognition;

A. On May 15, 2015, the Plaintiff entered into a lease agreement with C, the former owner of the building listed in the separate sheet (hereinafter “instant building”) and with respect to subparagraph 203 and subparagraph 204 of the instant building, respectively, on two years from June 1, 2015, and subparagraph 203 of the lease deposit amount: (a) KRW 32 million; and (b) KRW 204,5 million (hereinafter “instant lease agreement”).

On June 24, 2015, the Plaintiff completed the registration of the establishment of chonsegwon on the ground of the instant lease agreement as to Articles 203 and 204 of the instant building.

B. On June 3, 2016, the Defendant completed the registration of ownership transfer on the instant building due to sale on May 16, 2016.

C. On June 28, 2016, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground of the change of the owner of the instant building, and sent content-certified mail containing the same content on July 12, 2016.

On August 31, 2016, the Plaintiff left the instant building Nos. 203 and 204, and paid public charges incurred until that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. Even if a lessee who may oppose the assignee of the leased house for the cause of the claim does not want the succession of the leased relationship by himself/herself, he/she may be exempted from the detention of the succeeded lease relationship. Therefore, in cases where the leased house is sold by auction before the expiration of the lease term, the lease contract may be terminated and the preferential repayment may be claimed.

In such a case, the right to terminate the lease is based on the principle of fairness and good faith that if the lessee does not want the succession of the lease because the leased house is transferred at a successful bid without the prior consent of the lessee, the right to terminate the lease shall be effective immediately.