1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. An auction was conducted for the exercise of a security right against the Seocho-gu Seoul Metropolitan Government E Apartment 342 Dong 1005 (hereinafter “instant apartment”).

Seoul Central District Court B, C (Duals). (b)

On January 6, 2004, the Plaintiff demanded the said auction court to report the right and pay dividends on the ground that the Plaintiff is a lessee who has resided in the present auction after concluding the lease contract with D and D KRW 200 million, and the period from January 6, 2004 to 24 months.

C. D, on November 17, 2005, with F Co., Ltd., which was run by it as the debtor, set up a collateral security (the maximum amount of claims KRW 600 million) and borrowed the apartment of this case as the collateral to our bank. The Defendant acquired the status of the mortgagee of our bank. The amount of claims reported by the Defendant during the above auction procedure is the principal amount of KRW 803,982,085 and interest amount of KRW 232,07,189.

On August 27, 2015, on the date of distribution implemented on August 27, 2015, the above court prepared a distribution schedule with respect to KRW 1,344,148,150 to be actually distributed; KRW 19,605,790 to Seocho-gu Seoul Metropolitan Government; KRW 4,271,230 to the branch office (Order 1); KRW 4,271,230 to the branch office (Order 2); KRW 377,000 to a limited liability company specializing in the securitization of FS1312, which is a mortgagee and a creditor who is a mortgagee; KRW 276,00,000 to the defendant, who is a mortgagee; KRW 600,694,235 (Order 5); and KRW 6,412,412; and KRW 4,52,564; and KRW 384,564; and

[Evidence Evidence] without dispute, Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The Plaintiff’s assertion is a lessee with the opposing power to enter into a lease agreement with respect to the instant apartment and pay KRW 200 million as a check, and complete a move-in report and a fixed date. Therefore, the Plaintiff shall receive the total amount of KRW 200 million as security deposit.

(2) The plaintiff of the defendant is entitled to make a counterargument.