1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 7, 2003, the Plaintiff agreed that if the Defendant purchased the instant apartment in lots from the Defendant for KRW 17,000,000, the real estate indicated in the separate sheet, which is a rental apartment sold by the Korea National Housing Corporation (hereinafter “instant apartment”), the Plaintiff would acquire the ownership transfer registration for the apartment.

(hereinafter “instant sales contract”). The Plaintiff occupied the instant apartment on July 26, 2005.

B. On March 18, 2010, the Defendant prepared a certificate of borrowing (No. 1; hereinafter “the instant certificate of borrowing”) and a statement of performance (No. 6; hereinafter “the instant certificate of performance”) stating that the Plaintiff shall be delegated to the Plaintiff on April 1, 2010, as the registration right to the instant apartment was created. Accordingly, around April 1, 2010, the Defendant issued a certificate of registration right to the instant apartment to the Plaintiff.

On the other hand, the defendant completed the registration of ownership transfer on March 25, 2010 for the apartment of this case.

C. On March 23, 2010, the Plaintiff is called Taean Agricultural Cooperative (hereinafter referred to as " Taean Agricultural Cooperative") with the instant apartment under the name of the Defendant as security.

From 130,00,000 won, the remainder of KRW 92,031,160 out of the sales price of the apartment of this case was paid to KRW 138,613,00,00, and used KRW 37,968,840.

The Plaintiff paid a total of KRW 17,782,951 interest on the instant apartment from April 2010 to February 2013, but did not pay interest thereafter. As such, Taean Agricultural Co., Ltd received a voluntary decision to commence the auction on the instant apartment on January 8, 2015 to Suwon District Court C on the instant apartment.

E. On July 24, 2015, the instant apartment was sold to Nonparty D, and the Plaintiff submitted a lease contract stating that the instant apartment was leased from the Defendant to KRW 150,000,000 during the said voluntary auction procedure, and made a demand for distribution.