1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is liable to the defendant (Counterclaim plaintiff) for 93,98.

1. Facts of recognition;

A. On June 5, 2012, the Defendant leased the lease deposit of KRW 120,00,000 from Nonparty C, the former owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) as at 24 months from July 13, 2012 to July 13, 2014, and completed the move-in report on July 26, 2012, and resided therein.

At the time of the Defendant’s moving-in report on the instant real estate leased, the instant real estate had no limitation on rights, such as provisional attachment or mortgage.

Accordingly, the plaintiff is not entitled to the fixed date, and the following is the real estate of this case.

Upon the commencement of the compulsory auction procedure under paragraph (1), the fixed date was obtained on December 27, 2016.

B. On October 15, 2012, while the Defendant was living in the instant real estate, Nonparty D seized the amount of KRW 299,50,000 with respect to the instant real estate, and thereafter, D applied for a compulsory auction for real estate E in Suwon District Court, and thereafter the compulsory auction procedure was commenced. On January 10, 2018, the Plaintiff acquired the ownership by winning a successful bid in the instant real estate auction case.

C. In the above case of a compulsory auction on immovables, the Defendant made a demand for distribution on the basis of a lease deposit repayment claim, but only has the opposing power and has secured preferential repayment right more late than the provisional seizure by the creditor for compulsory auction, and on February 8, 2018, the Suwon District Court distributed dividends of KRW 1,267,920 to the Defendant, which is the date of distribution, 26,01,963 won to the Defendant, and 89,291,549 won to D, the creditor for compulsory auction.

However, as the plaintiff, who is the successful bidder of the real estate of this case, did not deliver a certificate of surrender to the defendant, the defendant does not find the amount distributed to the defendant.

2. The parties' assertion

A. The lessee, who has both opposing power and preferential payment right under the Housing Lease Protection Act, demanded a distribution, but the entire deposit amount.