1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are dismissed, respectively.

2. The appeal shall be filed after the appeal is filed;

1. Facts of premise;

A. On April 21, 2006, the Defendant entered into a lease contract between E and E, the owner of the instant apartment, which leases the said apartment in KRW 110,00,000,00, and completed the move-in report to the said apartment on July 5, 2006, and thereafter resided in the said apartment from around that time.

B. As to the above apartment, 150,000,000 won with maximum debt amount on August 30, 2006, 150,000, debtor F Co., Ltd. (hereinafter "the stock company") and 100,0000,00000 won with respect to the above apartment were registered for the creation of a collateral security right below the mortgage

C. On March 5, 2010, the Defendant entered into a lease agreement in lieu of payment with the Defendant’s existing monetary claim against E by March 4, 2013, with the lease deposit amount of KRW 150,00,000, and the increased amount of money was KRW 150,000.

This lease is called ‘the lease of this case'.

D. On March 10, 2010, the registration of the establishment of the first place of the mortgage was cancelled on the same day, and on the same day, the instant apartment is deemed as having been KRW 288,00,000 with respect to the maximum debt amount, F.C. and the Industrial Bank of Korea of the debtor and the second place of mortgage (hereinafter referred to as the “second place mortgage”).

(E) The registration of creation was completed. On the other hand, on September 9, 201, the Defendant obtained a fixed date from the instant lease agreement. On the other hand, the Plaintiff paid in full the sale price in the voluntary auction procedure by the application of the second mortgagee, and completed the registration of ownership transfer on the said apartment in the future of the Plaintiff on August 14, 2014. [Grounds for recognition]: The fact that there is no dispute, Gap 1, 2 evidence (including the above number, Eul evidence 1, and the purport of the entire pleadings, as a whole.

2. The parties' assertion

A. The lease agreement of this case as to the plaintiff's primary claim is invalid in its entirety since the defendant and E had a false representation of agreement with the intent to distribute the lease deposit later, although the lease contract of this case was not made with the payment of the lease deposit.

Therefore, the defendant delivered the apartment of this case to the plaintiff and calculated at the rate of KRW 1,680,00 per month.