1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 4, 2012, the Plaintiff drafted a lease agreement (hereinafter “instant lease agreement”) with the lessor as the Plaintiff, the lessee as C, the lessee as 108 dong 303, Dongjak-gu Seoul Metropolitan Government D apartment 108 dong 303, the lease deposit amount of KRW 350 million, and the lease term from October 16, 2012 to October 15, 2014.

B. On November 18, 2013, the Defendant issued a collection and seizure order (hereinafter “instant claim seizure and collection order”) with respect to “C’s claim for a loan claim against D apartment 108, 303, and KRW 61,920,429, out of the lease deposit returned claims owned by the Plaintiff under a lease agreement with the Plaintiff as to D apartment 108, 303.”

C. On November 14, 2014, the Plaintiff deposited KRW 90,000,000,000 after deducting the amount already paid to C’s creditors and the loss of the lessor, on the ground that three claims were provisionally seized, other than the seizure and collection order of the instant claim, regarding the lease deposit to be returned to C as a lessor according to the instant lease agreement. On May 1, 2015, the Defendant received a dividend of KRW 25,29,175 from among the collection right holders.

On May 20, 2014, the Plaintiff was convicted of the crime that the Plaintiff conspired with the Plaintiff in collusion with the Seoul Southern District Court, prepared the instant lease contract by falsity, and obtained a judgment of conviction on the charge that the Plaintiff acquired the loan by fraud from the financial company as a full-time loan fund, and the Plaintiff’s appeal and final appeal were all dismissed, which became final and conclusive on January 19, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1 to 3, Gap evidence 6, Gap evidence 7-1 and 7-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is that the plaintiff prepared a false lease contract of this case with C in order to obtain a loan as a deposit money, and therefore the plaintiff's assertion is about C according to the lease contract of this case.