1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The following facts do not conflict between the Parties:

B On May 18, 2011, Incheon Gyeyang-gu Co. 401 (hereinafter “instant housing”) completed the registration of creation of a mortgage consisting of the maximum debt amount of 81,900,000 won, and was loaned KRW 63,00,000 from the Defendant.

B. As to the instant housing as of February 16, 2013, a lease agreement with the lessor was concluded between February 20, 2013 and February 20, 2015, for the period of KRW 22,00,000 as the Plaintiff, the lessee’s deposit money, and the period from February 20, 2013.

C. On March 4, 2013, the Plaintiff obtained a fixed date and completed the move-in report on the instant housing after completing the said contract.

After that, on April 18, 2013, by the defendant's request, the procedures for the voluntary auction of the instant house (In Incheon District Court E) began, and the plaintiff made a demand for distribution as a small lessee on May 16, 2013.

E. In the above auction procedure, the distribution schedule was prepared to distribute the amount of KRW 59,007,917 to the defendant among the amount of KRW 60,080,847 to be actually distributed on December 27, 2013. The plaintiff was excluded from the distribution but did not raise any objection, and the defendant was paid the full amount of the above amount.

2. The assertion and judgment

A. 1) The Plaintiff is entitled to receive a dividend of KRW 22,00,000,00 as a small lessee who actually paid the full amount of deposit and leased the instant house. The Defendant is obligated to return the amount of unjust enrichment by receiving the Plaintiff’s share. 2) The Plaintiff is not only the most lessee but also the Plaintiff is the Plaintiff, and it constitutes a fraudulent act where B acquired the right of preferential repayment of small amount deposit by leasing the instant house to the Plaintiff, and thus, the Plaintiff’s claim cannot be complied with.

B. Determination 1) The following facts are acknowledged in full view of the overall purport of the pleadings, and evidence Nos. 6, 7, 8, 9, 10, 11, 16, and 17, and each financial transaction information submitted by the head of the postal service information center and the new bank to the court of first instance, and evidence No. 3-27 is insufficient to reverse it, and there is no other counter-proof. A) The Plaintiff is from D around December 10, 2009.