1. The appeal by the primary defendant B is dismissed;

2. The costs of appeal are assessed against the principal defendant B.

purport, purport, and.

1. Basic facts

A. On November 19, 2010, Defendant C acquired ownership by fully paying the proceeds from the sale of the real estate listed in the separate sheet (hereinafter “instant real estate”) in the auction procedure for real estate rent.

B. On November 7, 2013, a notary public against Defendant C applied for a compulsory auction for real estate auction on November 12, 2013, based on the claim claim amounting to KRW 40 million under Article 1028 of the certificate of 2013, the Daegu District Court Kimcheon-Support E with respect to the instant real estate, and the compulsory auction procedure (hereinafter “instant auction”) commenced on November 12, 2013.

In the instant auction procedure, the Plaintiff acquired the ownership of the instant real estate by completely paying the sale price on April 25, 2014.

C. On August 26, 2013, Defendant B drafted a written contract between Defendant C and F, the father of Defendant C, to set the lease deposit amount of KRW 28 million between Defendant C and Defendant C to lease the instant real estate as the lease deposit amount.

(hereinafter “instant lease agreement”). Defendant B completed a move-in report on the instant real estate on September 24, 2013, and obtained the same fixed date.

On November 19, 2010, regarding the instant real estate, the right to collateral security (hereinafter “instant right to collateral security”) was set up against the Geum River Saemaul Depository, the debtor, Defendant C and the maximum debt amount of KRW 23 million.

The registration of the instant mortgage was cancelled on March 19, 2014, when the instant auction procedure was in progress.

E. Since the Plaintiff acquired the ownership of the instant real estate at latest, Defendant B occupied the instant real estate in accordance with the instant lease agreement.

F. The market price level of the instant real estate is KRW 43 million from KRW 48 million at the end of the first half of 2014, and KRW 45 million from KRW 5 million to KRW 50 million at the end of February 25, 2015, and the maximum tax rate is KRW 30 million at the end of the first half of 2014 and February 25, 2015.

The amount equivalent to the monthly rent for the instant real estate as of April 25, 2014 shall be KRW 310,000,000, and the amount equivalent to the monthly rent for the instant real estate as of April 25.