1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 23, 2011, the Plaintiff entered into a lease agreement with C and D, setting a deposit amount of KRW 230 million, and the term of lease from December 29, 201 to December 28, 2013 (hereinafter “instant lease agreement”).

Accordingly, on December 23, 201, the day when the Plaintiff entered into the instant lease agreement with C and D, the Plaintiff paid KRW 20 million out of the above deposit, and paid KRW 210 million in full, around December 29, 201, and completed the move-in report into the instant apartment on December 30, 201, and acquired the fixed date under the Housing Lease Protection Act on the same day.

B. On March 28, 2012, the Plaintiff completed the move-in report as above and acquired the fixed date, and transferred his/her resident registration to “F Apartment-gu, Yongsan-gu, Busan Metropolitan City, 102 Dong 2402, and 2402, while residing in the instant apartment.”

In addition, on March 28, 2012, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) concluded a mortgage agreement with D on December 29, 2011, with regard to the apartment of this case, the establishment registration of a collateral security (hereinafter “the establishment registration of a collateral security”) was completed with regard to the apartment of this case as “debtor D, Beneficiary of the Right to Collateral Security, Bank of Korea, 632,760,00 won” (hereinafter “the establishment registration of a collateral security”).

On March 30, 2012, the Plaintiff made a move-in report to the instant apartment on March 30, 2012, after the establishment registration of the instant neighboring apartment was completed.

C. On April 6, 2016, the apartment house of this case (hereinafter “instant auction procedure”) commenced on April 6, 201 by the bank’s application for the commencement of voluntary auction based on the instant right to collateral security (hereinafter “instant auction procedure”).

In the instant auction procedure, the Plaintiff filed a report on the right to KRW 230 million based on the instant lease agreement and the demand for distribution. On November 30, 2016, the amount to be distributed on the date of distribution of the instant auction procedure, opened on November 30, 2016, is 625,732.