1. The part of the judgment of the first instance against the Defendant (Counterclaim Plaintiff) shall be revoked;

2. With respect to the above revoked part.

1. Facts of recognition;

A. On September 1, 201, the Plaintiff filed a lawsuit on the premise that the deposit amount was KRW 5,00,000,000, while the Plaintiff additionally paid KRW 5,000,00 to B on October 26, 2012, with respect to the lease term of the Guro-gu Seoul Metropolitan Government C Apartment No. 104, 1102 (hereinafter “instant apartment”) owned by B between September 1, 201 and B (hereinafter “instant apartment”).

Monthly rent of KRW 800,000 was determined as KRW 800,000, and a lease contract was concluded (hereinafter “instant lease contract”).

B. On October 4, 2011, the Plaintiff completed the move-in report for resident registration in the instant apartment, and received a fixed date, and paid KRW 20,000,000 to B until October 10, 201.

C. On the other hand, the Defendant loaned KRW 283,00,000 to B on August 29, 2011, and on the same day, completed the registration of the establishment of a neighboring apartment as to the instant apartment at KRW 367,000 with the mortgagee, the debtor, the maximum debt amount, and KRW 367,000 for the purpose of securing the above loan obligation.

After that, on September 5, 2012, the Defendant, the mortgagee, applied for the instant apartment, and the voluntary auction was initiated as D with the Seoul Southern District Court D on September 5, 2012, and on May 7, 2013, the Plaintiff was awarded the bid for the instant apartment.

E. On August 1, 2013, the Plaintiff claimed that a lessee of small amount should be paid KRW 25,000,000 as the lessee of small amount, but the Plaintiff received dividends of KRW 9,00,000 in the first order; KRW 186,270 in the Guro-gu Seoul Metropolitan Government Office as the holder of the second order; and the Defendant received dividends of KRW 263,897,53 in the third order as the creditor and the holder of the second order.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1, Gap evidence 6, Gap evidence 7-1, 2, Eul evidence 1-1 through 3, Eul evidence 2-1, 2, Eul evidence 6, and 7, the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion is that of the apartment of this case under the Housing Lease Protection Act.