1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. The gist of the Plaintiff’s assertion is that the co-defendant B entered into a lease agreement with the Plaintiff on the second apartment house on the ground of the slope roof of the general wood structure D No. 1 (hereinafter “instant house”) at the time of Pakistan-si (hereinafter “the instant house”). The co-defendant B was paid KRW 50,000,000 from the Plaintiff, while hiding the existence of the senior mortgagee’s senior mortgagee’s senior mortgagee’s senior right to collateral security and the Defendant’s senior right

The defendant is the most lessee who has conspired with the plaintiff B as well as the plaintiff who was present in company with the plaintiff at the time of the above lease agreement with the plaintiff and deceiving the plaintiff as above. Thus, the defendant is jointly and severally liable to compensate the plaintiff for damages arising from joint tort with the above B.

2. Determination

A. Comprehensively taking account of the overall purport of pleadings as to Gap's evidence Nos. 1 through 8, the defendant entered into a lease agreement with Eul on Nov. 2, 2009 with respect to the first floor of this case, and made a move-in report on Jan. 29, 2010, and obtained a fixed date on Apr. 6, 2010; ② The Yangju Saemaul Savings Depository completed the registration of establishment of a neighboring house at 341,000,000 won with respect to the housing of this case on Jan. 13, 2010; ③ the plaintiff agreed to lease the right side of the first floor of this case on May 5, 2012, and paid the lease deposit at 1,50,000 won to the owner of the housing of this case; and ④ The defendant paid the lease deposit at 1,000,000 won at 20,000 won at 3,000,000 won at the auction procedure of this case on May 1, 201, 201.