1. Of the judgment of the court of first instance, the part of the primary claim against Defendant C is modified as follows.

Defendant C.

Basic Facts

A. Defendant C prepared an apartment lease agreement (hereinafter “instant lease agreement”) on May 10, 2004 between E and E, which was the owner of the real estate listed in the attached list (hereinafter “instant housing”), setting the lease term as from May 31, 2004 to 12 months, and setting the lease deposit as KRW 465,140,000, respectively, and Defendant C leased the instant housing from Defendant C.

B. Defendant C completed the move-in report on the instant house on July 21, 2004, and began to reside in the instant house with his family prior to the completion of the move-in report on the resident registration, and obtained a fixed date as stipulated in the Housing Lease Protection Act on December 23, 2004.

C. As to the instant housing, on December 1, 2004, the procedure of the auction of real estate was initiated with K with the Seoul Central District Court on December 1, 2004, and the detailed statement of the sale object prepared at the above auction procedure states that “The date of the transfer by Defendant C is more likely to be acquired by the purchaser because it is earlier than the mortgagee of the mortgage

(The auction of real estate was withdrawn on October 25, 2006). D.

On the other hand, Defendant C’s Easted Defendant D completed the moving-in report on the instant house on April 18, 2013.

E. Due to E’s default of national taxes, a public auction procedure under the National Tax Collection Act (hereinafter “instant public auction procedure”) was commenced for the instant housing, and a decision was made on May 23, 2016 to sell 1/2 equity shares of the instant housing to the Plaintiffs in the instant public auction procedure. The Plaintiffs paid in full the sales price pursuant to the above sale decision on June 24, 2016, and acquired ownership of the instant housing pursuant to Article 77(1) of the National Tax Collection Act on the same day.

F. Defendant C reported the demand for distribution and the claim as a lessee of the instant house in the instant public sale procedure, but did not have been allocated the amount equivalent to the above lease deposit due to the prior right holder.

G. Defendant C is the instant case on March 14, 2019.