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, 2014, the Defendant entered into a lease agreement and issued a certificate of free lease (1) and the Defendant is the Seoul Mapo-gu Seoul Mapo apartment No. 5 floor F (hereinafter “instant apartment”).

) The lease deposit was leased KRW 190,000,000 (hereinafter “the lease of this case”).

(2) On July 23, 2014, the Defendant completed the move-in report on the resident registration and thereafter resided in the instant apartment after residing in around that time. On April 8, 2015, the Defendant obtained the fixed date in the instant lease agreement (see, e.g., Supreme Court Decision 2007Da1548, Sept. 19, 2014). Meanwhile, D completed the establishment registration of the instant apartment to G Bank on September 19, 2014 for the loan security.

Around that time, the Defendant submitted to G Bank a written confirmation of free lease that “the Defendant did not enter into a lease agreement with the owner on the instant apartment, and would not claim the right to the lease deposit when the mortgagee of the right to collateral security (the bank) exercises the right to collateral security.”

B. On April 7, 2017, the Plaintiff registered the establishment of a new mortgage on the instant apartment by D, which was registered the establishment of a third-class neighboring apartment.

C. On March 16, 2018, G Bank applied for a voluntary auction on the instant apartment, and the auction procedure was commenced by the Seoul Western District Court C on March 16, 2018. The instant apartment was sold to H on April 17, 2019. 2) On the date of distribution of the said voluntary auction procedure implemented on May 30, 2019, the distribution court prepared a distribution schedule with the content that the amount to be actually distributed was KRW 248,152,52 as to KRW 136,509,649 in total, in the first to fourth order, the delivery authority, the senior mortgagee, the senior mortgagee, and the fifth order to pay KRW 114,642,90 in total to the Defendant who is the next lessee and excluded the Plaintiff from the distribution of dividends.

(hereinafter referred to as “instant distribution schedule”). [The grounds for recognition] does not dispute, Gap evidence 1 to 3, Eul evidence 2 and 3 (including each number, hereinafter the same shall apply), and witness D.