A. B completed the registration of ownership transfer on March 21, 201 with respect to the Seo-gu Incheon Western apartment No. 106, 1001 (the apartment of this case) (the apartment of this case).

B. B, on the same day, completed the registration of creation of a neighboring mortgage of KRW 246,00,000 with the maximum debt amount of KRW 82,320,000 against D.

C. On March 30, 2012, B and the Plaintiff concluded a lease agreement with regard to the instant apartment as “22,00,000 won for lease deposit, monthly rent of KRW 500,000 for rent, and period of lease from April 16, 2012 to April 16, 2014.”

The Plaintiff paid KRW 22,00,000 to B by April 16, 2012, and paid KRW 500,000 each month thereafter.

E. On February 21, 2013, the Plaintiff made a move-in report for resident registration in the instant apartment, and the same year.

3. 8. The fixed date of the above lease contract was obtained.

F. On April 29, 2013, the decision to commence a voluntary auction was rendered on the apartment of the instant case (In Mancheon District Court E), and the Plaintiff in the same year.

6. 14. Seeking that it is a small lessee and filed an application for a report on rights and a demand for distribution.

G. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) was transferred the aforementioned national bank’s claim on B and the said right to collateral security from the said national bank, and was apportioned KRW 215,027,934 as the applicant creditor at the above auction procedure on January 27, 2014.

H. The Plaintiff did not receive any dividend in the above auction procedure.

[Ground of recognition] Facts without dispute, Gap 1 through 16 evidence, Eul 6 evidence, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff's assertion (the cause of the plaintiff's claim) is the small lessee of the apartment of this case, and the plaintiff is entitled to receive dividends of KRW 17,00,000,000 remaining after deducting the unpaid rent of KRW 5,00,000 from the lease deposit amount of KRW 22,00,000.

However, since the defendant received the above amount as dividends and unjust enrichment, the defendant must return KRW 17,00,000 to the plaintiff.

B. The defendant's assertion (the ground for counterclaim) is the most lessee, and the plaintiff's main lawsuit is the plaintiff.