1. The plaintiff's claim against the defendants is dismissed.

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

Facts of recognition

A. The Defendants concluded a trust agreement with respect to the Seo-gu Incheon apartment and Fho (hereinafter “instant apartment”) purchased by Defendant C, and completed the registration of the transfer of ownership of the instant apartment on November 6, 2013, which is the husband of Defendant B.

On the same day, the registration of the establishment of the right to collateral security with the debtor D was completed in the apartment of this case, the maximum amount of claims of G association KRW 362,520,000 and the debtor D.

B. On December 23, 2014, the Plaintiff entered into a lease agreement with D to KRW 160,000,000 for the instant apartment and to February 25, 2017 for the period from February 26, 2015 to February 25, 2017 (hereinafter “instant lease agreement”), and had resided in the instant apartment from around that time.

(c)

G Cooperative filed an application for voluntary auction of the instant apartment based on the foregoing right to collateral security with the Incheon District Court H, and the above court decided to commence voluntary auction on April 27, 2016, and the Plaintiff was awarded a successful bid of KRW 480,00,000 on December 23, 2016 in the above auction procedure (hereinafter “relevant auction procedure”) and was paid KRW 126,883,716, out of the dividend, as a tenant of the self-employed party, the balance of KRW 126,83,716, excluding the dividend of those who have the priority right to dividends.

(d)

As to the above act of trust in the name of the person having actual right to real estate (hereinafter “Real Estate Real Name Act”), Defendant B issued a summary order of KRW 2,00,000 on November 26, 2017 and Defendant C issued a summary order of KRW 8,00,000 on March 6, 2018.

E. The Plaintiff filed an application against D for a payment order claiming payment of the remainder of the lease deposit amount of KRW 36,116,284 and delayed damages therefrom, as the Incheon District Court Decision 2019th, and the said court issued the said payment order on April 22, 2019. The said payment order was issued in the same year.

5.9. Finality was established.

【Ground for Recognition】 Evidence Nos. 1, 2, and 3, Evidence Nos. 4-1 and 2-2, and the purport of the whole pleadings.