1. The plaintiff's claim is dismissed.

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

On October 2, 2013, the Plaintiff completed the registration of ownership transfer on the instant apartment on November 27, 2013 according to the decision of sale by voluntary auction (Seoul Central District Court C) on October 2, 2013, and the fact that the Defendant currently occupies or uses the instant apartment is no dispute between the parties.

On the other hand, in addition to the purport of the entire pleadings in the statement in Eul evidence Nos. 1 through 8, the defendant leased the apartment of this case from the previous owner D on September 13, 2004 by setting the deposit amount of KRW 180 million and the period of two years, and completed the fixed date and move-in report on the same day after being delivered the apartment, the deposit amount of KRW 20 million on September 5, 2006, and the increase in the deposit amount of KRW 10 million on September 17, 2007, and the establishment date of the highest priority collective security in the real estate auction case of this case is recognized to be late September 29, 2006.

According to the above facts, the defendant is a tenant with opposing power under Article 3 (1) of the Housing Lease Protection Act. Thus, the defendant has a legitimate right to possess the apartment of this case because the right of lease is not extinguished until the repayment of the deposit for lease is made.

Since the defendant's defense pointing this out is well-grounded, the plaintiff's ground of claim seeking delivery of the apartment of this case and return of unjust enrichment equivalent to rent cannot be accepted.

The defendant is seeking dismissal of the plaintiff and does not simultaneously make a simultaneous performance defense to deliver the apartment of this case at the same time with the return of the lease deposit. Therefore, the plaintiff's claim is dismissed in its entirety.