1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The real estate indicated in the separate sheet (hereinafter “instant house”) owned by Nonparty B on January 31, 2012, but transferred the ownership to Nonparty C on June 16, 2014.

B. On June 16, 2014, the Plaintiff loaned KRW 170,000,000 to C, and set the right to collateral security of KRW 204,00,000 with regard to the instant housing as the secured claim.

C. The Plaintiff applied for voluntary auction on the instant house based on the foregoing collateral security, and accordingly, the Busan District Court rendered a decision to commence voluntary auction on February 3, 2015. D.

On February 12, 2015, the Defendant filed a report on the right of KRW 70,00,000 on the lease deposit and the demand for distribution, as a lessee who had obtained the fixed date as of January 31, 2012 in the above voluntary auction procedure.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. At the time of establishing a right to collateral security on the instant housing, the Plaintiff confirmed that the instant housing was a public figure, and confirmed that a lease contract was not concluded by C on the instant housing.

Therefore, the Defendant cannot become a lessee with a fixed date as of January 31, 2012 regarding the instant housing, and there is no claim for the return of the lease deposit by the Defendant under the instant lease agreement.

3. In full view of the evidence and the testimony of the witness B, the Defendant entered into a lease agreement with B on December 27, 201 with the purport of leasing KRW 70,000,000, and paid KRW 70,000 to B by January 31, 2012, and made a move-in report on January 31, 201, and continued to reside in the instant house after obtaining a fixed date for the said lease agreement from the office of the Dong office of the Busan Suwon-gu.