1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On January 2, 2013, the Plaintiff leased D Apartment E (hereinafter “instant apartment”) from C with the lease deposit amount of KRW 27,000,000, and the lease deposit amount of KRW 20 years from January 4, 2013 to January 3, 2015, and received a fixed date after moving into the said apartment on the date of the lease contract and completing the move-in report.

B. On September 29, 2009, the establishment registration of the neighboring apartment was completed with respect to the instant apartment, which was the debtor C and C, the maximum debt amount of KRW 180,000,000, F, the mortgagee F, the mortgagee F, based on the above right to collateral security, and the F, applied for a voluntary auction on the instant apartment based on the right to collateral security, and rendered a decision to voluntarily commence the auction on April 1, 2013. After which, on October 8, 2013, the instant apartment was sold at KRW 202,20,000 to the Defendant, and the Defendant paid the said successful bid price in full, and the Plaintiff did not demand a distribution on the said security deposit during the said voluntary auction procedure.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3, Eul 1 and 4, the purport of the whole entries and arguments

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff is a tenant who has opposing power under the Housing Lease Protection Act concerning the apartment of this case and the defendant succeeded to the status of the lessor by winning it. Thus, the defendant is obligated to pay the above lease deposit amount of KRW 27,00,000 to the plaintiff. 2) The plaintiff's assertion is a tenant who cannot oppose the registration of establishment of a new mortgage in the name of F Co., Ltd., and the plaintiff cannot oppose the successful bidder due to the execution of voluntary auction on the apartment of this case.

B. In the event of a successful bid of the real estate for the purpose of auction, the right of lease with either registered or opposing power is extinguished after the senior mortgage is extinguished, and therefore, the successful bidder is stipulated in Article 3 of the Housing Lease Protection Act.