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. Facts of premise;

A. (i) On May 29, 2012, B borrowed KRW 255,00,000 from the Plaintiff from the Plaintiff on May 29, 2012, and on the same day, B registered the creation of the instant apartment owned by the Plaintiff as to the instant apartment owned by B (the instant apartment mortgage) with the maximum debt amount of KRW 331,50,000 in the future of the Plaintiff.

B. On February 2, 2013, the Defendant, following the Defendant’s husband E, sold the Hdong apartment of Gangseo-gu Seoul Metropolitan Government, which is the residence of the Defendant couple, concluded the instant lease agreement with B with the Plaintiff under the presence of G, a real estate agent of the O Licensed Real Estate Agent’s Office in the above H on February 5, 2013.

Article 30,000,000 of the lease deposit under the above lease agreement, the lease term was from February 27, 2013 to February 25, 2015, and the Special Agreement column was written as the lessee’s "after confirming the contents of the establishment in the certified copy of the register and the confirmation statement," respectively.

x) The defendant remitted to B the full amount of the lease deposit, such as the down payment of KRW 3,00,000 on the day of the above lease contract, and KRW 27,000,000 on February 27, 2013, the moving-in report was completed together with his family members at that time, and thereafter he has paid the apartment management fee.

B. B’s property status and the progress of auction distribution: (i) around the date of conclusion of the instant lease agreement, B did not have any property other than the instant apartment that is equivalent to KRW 299,00,000 (the pre-sale price of KRW 162,50,000) at the market price; (ii) around the date of conclusion of the instant lease agreement; (iii) KRW 351,202,648 in total; and (iv) KRW 331,50,00 in total; and (v) KRW 333,43,424 in total; + KRW 7,433,424 in the amount of the Plaintiff’s mortgage claim; + KRW 8,75,953 in the amount of the new credit card provisional attachment claim amount + KRW 3,513,271 in the amount of the new credit card amount (the date of registration is late before February 5, 2013, which was the date of conclusion of the instant lease agreement).

D. Meanwhile, on March 29, 2013, upon the application of Samsung Card Co., Ltd., the registration of the decision to commence the compulsory auction of the above apartment was made, and the Defendant on May 15, 2013, the lease deposit was 30,000,000.