1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 2, 2009, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with B on November 2, 2009, with respect to the Busan Shipping Daegu Apartment 111-dong 101 (hereinafter “instant real estate”) and KRW 55,00,000, term of lease from November 9, 2009 to November 8, 201, and occupant D (hereinafter “instant lease agreement”) with B, and entered into a lease agreement with B, and carried out the same month.

4. The fixed date of the lease contract was obtained.

B. On November 2, 2009, the date of entering into the instant lease agreement, the Defendant loaned KRW 50,000,000 to D, belonging to the designated foster home, which is the object of support for the lease fund under the direction of the Ministry of Land, Transport and Maritime Affairs, the juvenile families, and traffic accident-related children, as the legal representative of D, from the lease deposit stipulated in the instant lease agreement, and entered into a lease housing support agreement with D, stating that the remainder after deducting the above loan from the lease deposit stipulated in the instant lease agreement shall be borne by D, but the right to claim the return of the lease deposit equivalent to the excess amount belongs to the Defendant.

C. The Defendant and D paid KRW 55,00,000 to B around that time in accordance with the terms and conditions of the instant lease agreement and the lease-lease housing support agreement, and D was transferred the instant real estate from B to reside at that place, and completed the move-in report on September 10, 2010.

On the other hand, on April 22, 201, the Plaintiff lent KRW 148,00,000 to B on April 22, 2011, and confirmed that there was a householder E, a person living together D, and a F relocated household on the instant apartment at around the time of completion of the establishment registration of a neighboring mortgage on the instant real estate, and issued a written confirmation from E that the Plaintiff is residing free of charge in the instant real estate owned by the E.

E. After that, the Plaintiff, the mortgagee of the instant real estate, filed an application for the auction of real estate rent to Busan District Court A with respect to the said real estate, and the decision to commence the auction of real estate rent on January 17, 2013.