1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On June 20, 201, the Plaintiff concluded a mortgage agreement of KRW 442,00,00 with respect to the apartment of this case owned by B, with a view to securing the present or future obligations, and concluded a mortgage agreement of KRW 442,00,00 with respect to the apartment of this case owned by B on the same day. On June 22, 2011, the Plaintiff concluded a loan transaction agreement with KRW 340,000 on the condition that the repayment method would be 19.5% per annum, the repayment method would be 7.5% per annum, the repayment method would be 19.5% per annum, and the delay compensation rate would be 19.5% per annum.

B. On November 8, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with H’s broker operating real estate brokerage business in the name of G from Seongdong-gu Seoul Metropolitan Government, for the lease deposit of this case, KRW 32,000,000 (hereinafter “instant lease deposit”) and the lease period from November 19, 2013 to November 18, 2015 (hereinafter “instant lease agreement”), and thereafter, entered into a lease agreement with B to lease the instant apartment as the down payment on the same day, the Defendant paid the lease deposit by remitting KRW 29,00,000 to the remainder on November 19, 2013, which is the date of occupancy, and after completing the fixed date and move-in report on the occupancy date, he/she resided in the instant apartment from the said spouse from that time on the lease agreement.

C. However, as B did not pay interest after the final payment of interest on September 2013, the Plaintiff lost the benefit of time under Article 9 of the Loan Transaction Agreement, and the Plaintiff applied for an auction of the instant apartment on January 9, 2014, based on the right to collateral security established, to Seoul Southern District Court E for the auction of the real estate on January 13, 2014.

The above auction court shall distribute the amount of KRW 25,000,000 among the amount of KRW 365,048,807, which is to be actually distributed on the date of distribution open on December 30, 2014 to the defendant who is a small-sum lessee in the first order. 489,040 won is to be distributed to the defendant who is the mortgagee in the second order, and the remaining amount of KRW 339,559,767, who is the mortgagee, in the Yeongdeungpo-gu Seoul Metropolitan Government.