1. The plaintiff's claims against the defendant (appointed party) and the appointed party are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

1. Basic facts

A. On October 1, 2013, Defendant B, the owner of the instant real estate, and the instant real estate, were leased KRW 130 million as the lease deposit, from November 4, 2013 to November 3, 2015, and leased the instant real estate from November 4, 2013 to November 4, 2015, and completed a move-in report on the resident registration of the instant real estate on November 4, 2013, and were residing in the instant real estate from November 4, 2013 to November 4, 2013.

(hereinafter referred to as the “instant lease agreement”). Defendant E, as the birth partner of Defendant B, resides with Defendant B from December 10, 2013 to December 10, 2013.

B. On October 21, 2014, upon the application for voluntary auction based on the right to collateral security established on March 26, 2014 with respect to the instant real estate, the Plaintiff acquired the ownership of the instant real estate by paying the successful bid price on September 24, 2015 in the said voluntary auction procedure.

(hereinafter the above voluntary auction is referred to as “the voluntary auction of this case”).

C. Defendant B did not file a report on the right to claim the refund of the lease deposit with respect to the instant real estate in the course of voluntary auction. D.

On December 18, 2015, the Plaintiff filed an application with Defendant B for an order to deliver real estate (hereinafter “instant order”) with the Seoul Southern District Court G, Seoul Southern District Court G, but was dismissed on January 6, 2016.

E. On October 30, 2015, the Plaintiff was notified from the Enterprise Bank that the amount of the pledge is KRW 18 billion on the claim for the refund of the lease deposit against Defendant B with respect to the instant real estate (hereinafter “instant pledge”). Since the said pledge is effective against the Plaintiff who newly acquired the ownership of the instant real estate, the said pledge is also effective against the Plaintiff who newly acquired the ownership of the instant real estate, the Plaintiff was given preferential notification to the Enterprise Bank to return the lease deposit.

Grounds for Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, Eul evidence 1, Eul evidence 1 and all pleadings.