1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On October 18, 201, the Plaintiff entered into a lease agreement with C on the lease deposit amount of KRW 85 million and the lease deposit amount of KRW 85 million from November 15, 2011 to November 14, 2013 (hereinafter “instant lease agreement”). Around that time, the Plaintiff completed the move-in report on the same day as the instant apartment was delivered to C on November 15, 201.

B. On February 1, 2013, the defendant purchased the apartment of this case from C in the price of KRW 320 million, and the same month.

4. It completed the registration of ownership transfer on the apartment of this case based on the above sale.

(hereinafter referred to as the “instant sales contract”) C.

On February 26, 2014, the Plaintiff filed the instant lawsuit against the Defendant seeking the return of the said lease deposit on the ground that the instant lease contract was terminated, and the duplicate of the complaint was served on the Defendant on March 7, 2014.

On the other hand, on April 15, 201, the Forest Credit Union registered the establishment of the first-class mortgage with the debtor C and the maximum debt amount of 338 million won with respect to the apartment of this case, and filed a voluntary auction for the execution of the said apartment of this case with the Jung-gu District Court E on September 25, 2013, and the F completed the registration of the entry of the decision to commence the voluntary auction on September 26, 2013.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 2-4, Eul's testimony and whole oral argument

2. The assertion and judgment

A. According to the facts of recognition prior to the determination of the cause of the claim, the Plaintiff is against the delivery of the instant apartment.