1. Revocation of the first instance judgment.

2. From April 11, 2016 to August 3, 2016, the Defendant: (a) KRW 60,000,000 to the Plaintiff; and (b)

1. Facts of recognition;

A. On April 11, 2012, the Plaintiff leased (hereinafter “instant real estate”) No. 301 of the Gwanak-gu Seoul Special Metropolitan City building B (hereinafter “instant real estate”) from C to April 10, 201, by setting lease deposit amount of KRW 60,000,000, and the term of lease from April 11, 2012 to April 10, 2014, and paid deposit, and completed the move-in report at that time and received the fixed date on April 12, 2012.

Since then, the lease contract has been implicitly renewed.

B. D purchased the instant real estate from the F and C on August 11, 2015, and concluded a real estate security trust agreement (hereinafter “instant trust agreement”) under which the Defendant trusted the ownership of the instant real estate to the Defendant on August 28, 2015, and completed the registration of ownership transfer under D’s name and the registration of ownership transfer under the name of the Defendant based on trust on September 2, 2015.

C. Meanwhile, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D, setting the lease deposit amount of KRW 60,000,000 with respect to the instant real property from April 11, 2014 to April 10, 2016.

(Contract) The date of the conclusion of the contract was stated retroactively as of April 11, 2014). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 3, Eul evidence No. 1, and the purport of the whole pleadings.

2. Determination

A. The trust under the Trust Act on the grounds of a claim requires the trustee to manage and dispose of the property right for the purpose of the trust by transferring a specific property right to the trustee or disposing of it (Article 1(2) of the Trust Act). Thus, if the trustee completes the registration of ownership transfer in the future of the trustee in the trust of real estate, the ownership inside and outside the country is entirely transferred to the trustee, and the ownership is not reserved to the truster in the internal relationship with the truster.

(2) The Housing Lease Protection Act (see, e.g., Supreme Court Decision 2000Da70460, Apr. 12, 2002). Accordingly, the trustee under a real estate security trust agreement is also stipulated under Article 3 of the Housing Lease Protection