A. The Defendant is a person who owned the Gangseo-gun C Apartment 104 Dong 308 (hereinafter “instant apartment”).

B. On October 4, 2013, the Plaintiff leased the instant apartment from the Defendant at KRW 60,00,000,000, and the lease period from November 15, 2013 to November 15, 2015.

Around that time, the Plaintiff paid KRW 60,000,000 to the Defendant.

C. On April 201, the Newcheon Saemaul Savings Depository loaned money to the Defendant (as a result of the inquiry into the new Saemaul Savings Depository of this Court, the principal amount of KRW 78,00,000 as a result of the inquiry into the fact) and completed the registration of the establishment of the neighboring apartment on April 11, 201, as the Seoul District Court’s Seoul Branch Branch Office (No. 5602, Apr. 11, 201), in order to secure the said loan.

On October 2014, the Newcheon Saemaul Community Fund applied for the auction of real estate for the instant apartment on the basis of the above collateral security, and decided to commence the auction of real estate as the case D with the original district court's original branch court's decision, and thereafter, in the above case of the auction of real estate, E received the bid of the instant apartment and completed the transfer of ownership in the name of E on June 25, 2015.

E. The Plaintiff applied for a demand for distribution in the above real estate auction, and received dividends of KRW 35,754,752 from among KRW 60,000,00,00, but did not receive the remainder of KRW 24,245,248.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, the lease contract between the Plaintiff and the Defendant on the instant apartment was terminated as a result of the instant real estate rental auction case.

Therefore, the Defendant calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 9, 2015 to the date of full payment, upon the Plaintiff’s request, as to the remainder of the lease deposit that the Plaintiff had not received as dividends in the above real estate auction case, and the amount of KRW 24,245,248.