1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant leased D apartment E (hereinafter referred to as the “instant apartment”) from C to February 7, 2016, the deposit amount of KRW 80 million, and the lease period of February 7, 2014, and the lease period of KRW 7, 200,000. The Defendant satisfied the opposing power in the lease.

B. On January 5, 2014, the Plaintiff purchased the instant apartment in KRW 84.5 million from A, and completed the registration of ownership transfer on February 21, 2014.

C. On April 25, 2016, the Defendant: “The Plaintiff acquired the ownership of the instant apartment and succeeded to the lessor’s status; the Defendant returned the said apartment on March 17, 2016, and the Plaintiff is obligated to pay the lease deposit and the damages for delay thereof to the Defendant; and the Plaintiff filed a lawsuit claiming the return of the deposit against the Plaintiff by this court order 2016Kadan1420; and on October 20, 2016, “The Plaintiff filed a lawsuit claiming the return of the deposit against the Plaintiff” with the Defendant, “from March 18, 2016 to August 4, 2016, 5% per annum, and 15% per annum from the following day to the date of full payment (hereinafter “the instant judgment”); and the said judgment became final and conclusive.

On December 12, 2016, the defendant applied for a compulsory auction on the apartment of this case according to the judgment of this case.

On December 13, 2016, this Court rendered a ruling to commence compulsory auction as F and G (Dual). On October 20, 2017, the Defendant purchased the apartment of this case in the above compulsory auction procedure at KRW 56 million, and on October 20, 2017, received dividends of KRW 50,532,223 as the second applicant creditor on the date of distribution of the above compulsory auction procedure.

E. The Defendant filed an application for compulsory auction against the Plaintiff’s real property at H of this Court with the claim amounting to 45,533,529 won which was not paid out of the cited amount of the instant judgment and damages for delay calculated at the rate of 15% per annum from October 21, 2017 to the date of full payment.

[Reasons for Recognition] Facts without dispute, Gap 1 to 10 evidence, and the purport of the whole pleadings.