1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In Suwon-si, Suwon-si C Dae-gu and 225 square meters of the above ground-based housing (hereinafter “instant real estate”) owned Nonparty D’s 3/7 shares. However, on December 21, 201, the Defendant completed the registration of transfer of shares based on a compulsory auction on October 20, 201, for D’s shares.

B. Nonparty E and F owned 2/7 shares of each of the instant real estate. However, the Plaintiff filed an application for voluntary auction with Suwon District Court G regarding E and F’s shares, and the said court rendered a decision to commence voluntary auction on September 2, 2016.

C. The Plaintiff received the decision to permit the sale of E and F’s share in the instant real estate auction procedure, and paid the sale price of KRW 290 million on May 23, 2017, and acquired shares in 4/7 of the instant real estate.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion and judgment

A. At the time of the voluntary auction of this case asserted by the Plaintiff, four lessees of the instant real estate were required to demand a distribution in order to refund the lease deposit. In order to smoothly deliver the instant building to the said lessees, the Plaintiff was decided to grant a sale permit by bidding at an amount of KRW 290 million, which is an amount calculated by adding the lessee’s total deposit amount to KRW 158 million, to the appraised value of the instant real estate.

The above lessees received all of the lease deposit with the money paid by the Plaintiff, and the Defendant was obligated to refund the lease deposit to the above lessees, but the Plaintiff paid the lease deposit on behalf of the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the charge amounting to 67,714,285 won (=158,00,000 won x 3/7) according to the Defendant’s share ratio among the above lease deposit and damages for delay.

B. Since the sale of short sale is a kind of sale, the Plaintiff reported the purchase price at the instant auction procedure at KRW 290 million and the said auction court against the Plaintiff.