1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning of this court’s explanation is as stated in the reasoning of the judgment of the court of first instance, except for the part claimed additionally by the plaintiff in this court as stated below, and thus, it is acceptable to accept it as it is in accordance with Article 420 of the Civil Procedure Act.

2. Judgment on the Plaintiff’s additional assertion

A. In a case where a lessee who has opposing power and preferential payment right under the Housing Lease Protection Act exercises opposing power, even if the right of lease expires due to the termination of the lease period, provisional registration of a junior junior debtor should be cancelled.

On March 31, 2018, the Plaintiff succeeded to the opposing power of E by transferring the right of lease, such as completing the moving-in report on April 2, 2018 after paying the deposit to E and receiving the delivery of possession of the real estate in this case. As such, the Defendant’s subordinate provisional registration that cannot be asserted should be cancelled unless the right of lease in this case is extinguished.

B. According to the evidence evidence Nos. 7 and 9 through 11, the Plaintiff notified E of the rejection of renewal that the lease term of the instant real estate expires on February 27, 2018. On March 31, 2018, the Plaintiff entered into a lease contract for the instant real estate by paying a lease deposit of KRW 150 million to E on March 31, 2018, and E removed from the instant real estate on the resident registration of April 2, 2018, and the Plaintiff made a move-in report on April 2, 2018.

However, the facts acknowledged earlier, that is, when real estate for auction purposes has been awarded in a compulsory auction procedure for real estate auction, provisional registration for preserving the priority of the right to claim ownership transfer registration is taken over to the successful bidder without cancellation of provisional registration for the purpose of security unless there is a prior security right or provisional seizure, unless there is any prior security right or provisional seizure, and in this case, the case.