2. The costs of lawsuit are assessed against the plaintiffs.

A. On March 30, 2005, the Defendant entered into a lease agreement with D, a pilot, setting the lease deposit amount as KRW 200 million from May 3, 2005 to May 3, 2007.

B. On February 26, 2009, Defendant and D increased the lease deposit amount to KRW 250 million with respect to the instant apartment on February 26, 2009, and renewed the lease contract.

C. On May 10, 2005, the Defendant completed the move-in report on the apartment of this case with E, E, F, and G, the husband of the case, and is living in the apartment of this case with the husband E until now.

The Plaintiffs purchased the instant apartment on November 28, 2014 through a voluntary auction procedure for the instant apartment, and completed the registration of ownership transfer in the names of the Plaintiffs, one half of each of them purchased the instant apartment, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, Eul evidence 5-1, 2-2, Eul evidence 2-15, Eul evidence 2-2, Eul evidence 30-35, the purport of the whole pleadings

2. The actual owner of the instant apartment is E, which is the type D, and E is the title trust of the instant apartment to D, and the Defendant’s lease agreement on the instant apartment between D and D (hereinafter “instant lease agreement”) is null and void as a false declaration of conspiracy.

Therefore, the defendant cannot assert opposing power and preferential payment right under the Housing Lease Protection Act based on the lease agreement of this case. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiffs, and pay unjust enrichment equivalent to the rent due to the unauthorized occupation and use of the apartment of this case and the delay damages.

3. As to the judgment that the lease contract of this case constitutes a false declaration of conspiracy, there is the burden of proof against the plaintiffs who have asserted it.

The evidence and evidence Nos. 1 and 2 (including paper numbers) are included in the facts acknowledged earlier or in the above.