1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 25,000,000 and its amount from July 24, 2014 to April 23, 2018 to the Plaintiff.

1. Basic facts

A. On May 19, 2013, the Plaintiff: (a) decided to rent KRW 31,00,000 as security deposit (hereinafter “instant apartment”); and (b) transferred KRW 4,00,000 as security deposit on the same day to C; and (c) the remainder amount of KRW 27,00,000,000 on June 17, 2013.

B. On June 17, 2013, the Plaintiff received the instant apartment and completed the move-in report on the same day.

C. Upon the Defendant’s application, on August 30, 2013, the decision to voluntarily commence the auction of the instant apartment was rendered as D with the Seoul Southern Southern District Court (hereinafter “instant auction”); on November 12, 2013, the Plaintiff reported the instant auction procedure as a small lessee under the Housing Lease Protection Act.

The instant real estate was knocked at KRW 233,100,000 on April 30, 2014.

E. On July 9, 2014, the Defendant filed an application for exclusion of rights and exclusion of distribution with respect to the Plaintiff at the auction court of this case. On July 17, 2014, the instant auction court accepted the said application and distributed KRW 229,862,322, which is the full amount of the successful bid price, excluding the execution cost, etc. to the Defendant.

The plaintiff did not object to the distribution.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion was a small lessee under the Housing Lease Protection Act, and the Plaintiff should have received 25,000,000 won prior to the Defendant in the instant auction procedure, but was excluded from dividends.

Therefore, although the defendant should have received dividends from the plaintiff, the defendant is obligated to return to the plaintiff 25,000,000 won and damages for delay paid by the defendant in the auction procedure of this case as unjust enrichment.

B. According to the above facts of recognition, the plaintiff shall file a move-in report to receive the apartment of this case prior to the registration of the application for auction of the apartment of this case.