1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 16, 2014, the Plaintiff was awarded a successful bid for the pertinent building in the procedure for compulsory auction (hereinafter “the procedure for compulsory auction of this case”) commenced with Busan District Court as to the building listed in the attached list, which was owned by C (hereinafter “instant building”), and paid the sale price on September 16, 2014, and completed the procedure for ownership transfer registration of the said building.

B. Around July 1995, the Defendant entered into a lease agreement with C and the instant building with a security deposit of KRW 39 million, and after filing a move-in report on July 3, 1995, the Defendant resided together with his family members and went on to the said building for the purpose of resumption on July 2, 1999.

C. After that, the Defendant entered into a lease agreement with C on July 2, 2003, which increases the deposit to KRW 54 million, and KRW 60 million on July 2, 2005, respectively.

On the other hand, the Busan District Court E on May 31, 2010 regarding the building of this case upon the creditor guarantee insurance company's application, and the defendant paid the above money by subrogation to the Korea Housing and Commercial Bank around August 25, 2010 upon the request of C to pay the remainder of C's National Housing Fund loan to the Korea Housing and Commercial Bank, which is the first mortgage on the building of this case, in order to secure the priority of lease deposit for the building of this case.

In addition, the registration of the establishment of a neighboring mortgage of the Korea Housing and Commercial Bank was cancelled on the same day.

E. Around August 25, 2010, the Defendant and C concluded a lease contract with a deposit of KRW 70 million in consideration of the circumstances where the Defendant discharged the repayment of the obligation on behalf of C, etc. Around August 25, 2010. The contract date is July 2, 2005.

F. In the above E auction procedure, the Defendant filed an application for a report on rights and a request for distribution from July 3, 1995 to the date of possession, with the lease deposit as KRW 70 million, and the above application for a compulsory auction as of December 1, 2010.