The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. C purchased the instant building in KRW 150,000,000 on January 18, 2014. As to the instant building, the registration of ownership transfer was completed under C’s name as the receipt No. 12674 on February 17, 2014.

B. On July 26, 2017, the Defendant concluded a lease deposit of KRW 145,00,000 with respect to the instant building with C, and obtained the fixed date on July 28, 2017 in the said contract, and completed the move-in report on the instant building on November 1, 2017.

C. The Plaintiff purchased the instant building in KRW 58,100,000 in the procedure for compulsory auction of real estate D (hereinafter “instant auction procedure”) with respect to the instant building, and the ownership transfer registration under the Plaintiff’s name was completed on November 14, 2019 by the Government Registry of the District Court of Jung-gu District on the instant building as the receipt of No. 104811 on November 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant is not a legitimate tenant and has the duty to deliver the real estate of this case since he occupies the real estate of this case as the former owner of the real estate of this case. The defendant asserts that he is a legitimate tenant of the real estate of this case.

B. Article 3(1) of the Housing Lease Protection Act provides that "a lease shall take effect against a third person from the following day when the lessee has completed the delivery of a house and the resident registration even in cases where no registration is made. In such cases, a resident registration shall be deemed made at the time of the moving-in report," and Article 3(4) provides that "the transferee of the leased house (including any other person who has succeeded to the right to lease) shall

The Defendant entered into a lease agreement with C, the former owner of the instant building, and completed a move-in report on November 1, 2017, and thereafter, the Plaintiff did not object to the instant auction procedure.