1. The defendant's appeal is dismissed.

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

3. Section 2 of the judgment of the first instance.

1. Basic facts

A. On March 16, 2013, the Plaintiff loaned KRW 70 million to B as of April 15, 2013.

However, as the Plaintiff did not repay B, the Plaintiff filed a lawsuit against B on September 11, 2013 with the Daegu District Court 2013da45645, and on November 20, 2013, “B shall pay to the Plaintiff the amount of KRW 70 million and the amount calculated at the rate of KRW 20% per annum from April 16, 2013 to the date of full payment” was sentenced to a judgment (non-litigation) and confirmed as is December 13, 2013.

B. On the other hand, on September 4, 2012, each real estate (hereinafter “each of the instant real estate”) indicated in the separate sheet, which is owned by the Defendant, was registered for the establishment of a right to lease on a deposit basis, which is the grounds for the establishment of a right to lease on a deposit basis as of February 13, 201; from February 13, 2011 to February 12, 2013; and from February 12, 2013 to the person having chonsegwon.

After that, on June 5, 2013, the registration of the establishment of the right to lease on a deposit basis was cancelled due to the cancellation on June 4, 2013.

C. On April 30, 2013, the Plaintiff: (a) attached the claim for the return of the deposit against the Defendant under the Daegu District Court 2013Kadan3117 with the loan claim against B as the execution bond; and (b) on May 2, 2013, the said provisional attachment order was served on the Defendant.

After that, on March 11, 2014, the Plaintiff received the order of seizure and collection from the Daegu District Court 2014TTTT2839 with the amount of claim KRW 81,813,69 (i.e., loan KRW 70,000,000 delayed damages of KRW 11,813,69). The said order was served on the Defendant on March 13, 2014.

(hereinafter the above provisional seizure order, and the seizure and collection order referring to the "the collection order of this case"). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 through 5, and 7 (including the branch number; hereinafter the same shall apply) and the purport of whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the contract to establish a right to lease on a deposit basis between B and the Defendant on each of the instant real estate was terminated on June 4, 2013, and B is against the Defendant.