1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

1. Basic facts

A. On March 25, 2014, the Plaintiff entered into a lease agreement with C with the term of lease from March 28, 2014 to March 27, 2016, setting the lease contract amounting to KRW 24 million, monthly rent of KRW 250,000 (hereinafter “instant lease agreement”) with respect to the instant real estate, and paid the down payment of KRW 3 million on the date of the contract. The Plaintiff agreed to pay the remainder amount of KRW 21 million and KRW 3 million on March 28, 2014.

B. On March 27, 2014, the Plaintiff completed the move-in report on the date of entering into the instant lease agreement, and obtained a fixed date on the said lease agreement, and paid the remainder of lease deposit amount of KRW 21 million to C and KRW 3 million for one year.

C. On November 4, 2010, the instant real estate was registered on July 30, 2013, the registration of creation of a neighboring mortgage, a debtor C, a national bank for the mortgagee Co., Ltd., the amount claimed on March 14, 2013, the provisional attachment registration, a creditor capital corporation, the provisional attachment registration, etc. was completed on April 17, 2013, and the decision to commence rehabilitation procedures (Seoul Central District Court Decision 2013Nu166) against C was registered on July 30, 2013, and the registration of commencement of rehabilitation procedures was cancelled on March 11, 2014 due to the decision to discontinue rehabilitation procedures on February 17, 2014.

On September 3, 2013, the defendant acquired the above mortgage claim from the National Bank of Korea, and the National Bank notified C of the transfer of the above claim by content-certified mail.

E. On May 15, 2014 with respect to the instant real estate, the auction procedure for the instant real estate was commenced as Suwon District Court-Support B (hereinafter “instant auction procedure”). In accordance with the appraisal document prepared on May 20, 2014, the appraised value of the said real estate is KRW 680,000,000.

F. On May 19, 2014, when the instant auction procedure was in progress, the Plaintiff reported the right as a lessee of the instant real estate to the executing court and demanded a distribution.