1. The Defendant’s KRW 13,49,206 as well as the Plaintiff’s KRW 5% per annum from October 23, 2015 to December 15, 2016, and the following.

1. Basic facts

A. As to the 400 of the Seocho-gu Seoul Metropolitan Government D ground buildings owned by the deceased C (hereinafter “instant real estate”), the registration of the establishment of a mortgage over KRW 1 billion with the Seoul Central District Court No. 30364, Jun. 18, 2010 (hereinafter “the instant mortgage”) was completed in the future regarding the registration of the establishment of a mortgage over the maximum debt amount of KRW 1 billion (hereinafter “the instant mortgage”).

B. In Seoul Central District Court’s voluntary auction procedure (hereinafter “instant voluntary auction procedure”) that commenced on the basis of the instant right to collateral security, the Plaintiff: (a) won the instant real estate at a successful bid; and (b) completed the registration of ownership transfer on January 21, 2015.

C. On February 2, 2012, when the auction procedure of this case was in progress, the deceased on February 2, 2012, and the defendant inherited the real estate of this case by agreement division. The plaintiff continued to occupy the real estate of this case even after the plaintiff was awarded a successful bid and completed the registration of ownership transfer.

The Plaintiff filed an order to deliver real estate with G with the Seoul Central District Court G to order the Defendant to deliver the real estate on January 30, 2015, and received the instant real estate from the Defendant on September 10, 2015 due to the enforcement of the above order to deliver the real estate.

E. From January 21, 2015 to September 10, 2015, the monthly rent equivalent to the occupation and use of the instant real estate is KRW 1,758,300.

[Ground of recognition] A without dispute, Gap evidence 1, 2, Eul evidence 4, appraiser H's appraisal result, the purport of the whole pleadings

2. Assertion and determination

A. 1) The summary of the Plaintiff’s claim is that the Defendant is obligated to pay KRW 5,179,990 as a consolation money for the emotional distress of the following party and the Plaintiff’s emotional distress. 2) According to the above facts established, the Defendant occupied and used the instant real estate without title after the Plaintiff acquired the ownership of the instant real estate after the Plaintiff acquired the ownership.

(c).