1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 15, 2011, Nonparty C and D completed the registration of ownership transfer with respect to each of the 1/2 shares among the 1/2 shares of Yongsan-gu, Changwon-si E apartment 107 Dong 304 (hereinafter “instant apartment”).

B. On September 25, 2013, the Defendant leased the instant apartment from C and D by setting the lease deposit amount of KRW 170 million and the lease term from October 25, 2013 to October 24, 2015.

C. On September 25, 2013, the Defendant paid KRW 17 million out of the lease deposit to C, D, and the remaining lease deposit KRW 153 million on October 25, 2013, respectively. On October 25, 2013, C and D transferred the instant apartment, and completed the move-in report as a householder on October 25, 2013, and received the fixed date of the lease contract on the same day.

On November 21, 2014, Nonparty F, the Defendant’s fraud, purchased the instant apartment from C and D with KRW 275 million, and completed the registration of ownership transfer on November 26, 2014.

E. On November 26, 2014, F completed the registration of creation of a mortgage over KRW 212,40,000,000 under the name of the debtor F and the maximum debt amount, 200,000,000,000 in the name of the National Bank of Korea. On October 28, 2015, F completed the registration of creation of a mortgage over KRW 65,00,000 under the name of the debtor F and the maximum debt amount, and on August 23, 2016, the registration of creation of a mortgage over KRW 60,000,000 in the name of the debtor F and the maximum debt amount.

F. On October 4, 2016, upon the filing of the application by the filial Capital Co., Ltd., the voluntary decision to commence the auction of the instant apartment was rendered on October 4, 2016. On November 28, 2016, the Defendant submitted an application for a report on the right and a request for distribution as a lessee of the instant apartment to the said auction court. The Defendant has maintained the occupancy and resident registration of the instant apartment until now.

(g) It is insufficient to recognize that the Defendant had transferred his/her resident registration to another place only with the entries of No. 1, and there is no other evidence to prove otherwise). The above auction court on June 1, 2017 to the Defendant on June 1, 2017.