1. The judgment of the court of first instance is modified as follows.

The defendant shall receive KRW 50,000,000 from the plaintiff at the same time.

1. Basic facts

A. Nonparty E completed the registration of initial ownership on December 27, 2001 with respect to the real estate listed in the separate sheet (hereinafter “instant house”).

B. On March 16, 2002, the Defendant entered into a lease contract with the lease deposit amount of KRW 50 million and the lease period of KRW 24 months from April 14, 2002 (hereinafter “instant lease contract”).

On March 27, 2002, the Defendant obtained a fixed date in the lease contract stating the contents of the instant lease contract, and made a move-in report on the instant house on the same day, and from that time, the Defendant occupied the instant house from that time to that day.

C. On November 8, 2007, Incheon District Court D rendered a decision to commence compulsory sale of the instant housing, and the Plaintiff purchased the instant housing during the said compulsory sale procedure on July 29, 2010.

As of the commencement date of the above compulsory auction, there is no right in the register established before March 27, 2002 by the defendant with the fixed date in the lease contract.

[Ground] Facts without dispute, Gap evidence 2-1, Eul evidence 1-3, the purport of the whole pleadings

2. The judgment of this Court

A. The Plaintiff asserts that the validity of the instant lease agreement is not a genuine conclusion, but the Defendant is the most lessee.

However, in light of the following circumstances acknowledged by the evidence mentioned above, ① the Defendant continued to reside in F building No. 203 to the present day after the moving-in report was made on March 27, 2002, ② the Defendant asserted that the Defendant paid the lease deposit by neglecting the lease deposit returned at the previous residence to the money withdrawn from the bank, and the Defendant’s withdrawal from the new bank was made on March 16, 2002, KRW 480,000,000 from March 30, 2002 and KRW 1.5 million from March 30, 2002. The above date is the date and time of payment of the down payment and some remainder.